NSW Land and Housing Corporation v Barber

In the matter of NSW Land and Housing Corporation versus Barber, the dispute arose from the termination of a residential tenancy agreement due to the tenant's conviction for supplying drugs. The case was heard in the Civil and Administrative Tribunal of New South Wales. The landlord sought to terminate the tenancy under Section 87 of the Residential Tenancies Act 1997, arguing that the tenant's conviction for drug supply constituted a breach of the agreement's terms. The tenant contended that the breach, involving a small quantity of drugs and considering her personal circumstances, was not sufficient to warrant termination of the tenancy.

The court had to determine whether the tenant's conviction for drug supply constituted a breach of the residential tenancy agreement, and if such a breach, in the given circumstances, justified the termination of the tenancy. The court also needed to consider the discretion available to it under Section 154E of the Act when deciding whether to terminate the tenancy.

The tribunal found that while the tenant's conviction did constitute a breach of the agreement, the circumstances surrounding the breach warranted a more lenient approach. The court took into account the small quantity of drugs involved, the tenant's personal circumstances, and the lack of any prior convictions. The tribunal considered these factors and exercised its discretion under Section 154E, deciding that termination of the tenancy was not appropriate in these circumstances. The court ordered that the application for termination and possession be dismissed. However, the tenant was directed to comply with the terms of the agreement, specifically not using the premises for illegal purposes. Failure to comply with these orders would allow the landlord to request a re-listing of the application for further determination of the tenancy's termination.