NSW Land and Housing Corporation v Evangelos Rouvinetis

The NSW Land and Housing Corporation sought an order terminating a tenancy agreement with Evangelos Rouvinetis on the basis that he had engaged in threatening, abusive, and intimidating behaviour towards the landlord, its agents, and contractors. The matter was heard in the Local Court of New South Wales. The primary issue before the court was whether the conduct of the tenant amounted to a breach of the residential tenancy agreement that would justify termination of the tenancy. The court had to determine if the tenant's actions constituted a serious breach of the agreement, warranting an end to the tenancy.

The court considered the evidence provided by the landlord and its witnesses, including statements from contractors and the landlord's agent, regarding the tenant's conduct. The court noted that the tenant had engaged in threatening and abusive behaviour towards the landlord, its agents, and contractors. However, the court also considered the nature and frequency of these incidents and whether they amounted to a serious breach of the tenancy agreement. The court found that while the tenant's conduct was inappropriate and caused distress to the landlord and its agents, it did not rise to the level of a serious breach that would justify termination of the tenancy. The court held that the landlord's application for termination was not granted.

The court ordered that the tenant must comply with the conditions of his residential tenancy agreement and refrain from using threatening or abusive words or behaviour towards the landlord, the landlord's agent, or any contractor engaged by the landlord. The court also ordered that if the tenant failed to comply with these conditions, the landlord could request the relisting of the matter before 16 October 2015 to determine if the tenancy should be terminated. The court's decision highlighted the importance of landlords and tenants adhering to the terms of their tenancy agreements and maintaining a respectful and professional relationship.