NSW Land and Housing Corporation v Kanoun

The NSW Civil and Administrative Tribunal heard an application by the NSW Land and Housing Corporation against a tenant, seeking termination of a social housing tenancy on the basis of serious threats made against one of their employees. The Tribunal found that the tenant's conduct towards the employee was such that it would reasonably cause the employee to be intimidated. The Tribunal was required to decide whether the landlord had grounds to terminate the tenancy under the Residential Tenancies Act 2010.

The Tribunal considered the evidence presented and determined that the tenant had made serious threats against an employee of the landlord, and had engaged in conduct that would reasonably cause that employee to be intimidated. This conduct constituted a serious threat to the landlord’s employee, fulfilling the criteria under section 92 of the Residential Tenancies Act 2010 for termination of the tenancy. The Tribunal found that the landlord had exercised its power to terminate the tenancy in accordance with the Act.

The Tribunal ordered that the Residential Tenancy Agreement be terminated with effect from 20 October 2016, with possession to be given to the landlord on this date, but suspended until 3 November 2016. The tenant was also ordered to pay a daily occupation fee from the day after the termination date until the date possession is given. Additionally, the landlord was given the option to request relisting of the application to determine the amount of occupation fee owing within 60 days of the date for possession. The Tribunal also ordered that the landlord's agent must inform the tenant in writing of these orders by delivering a letter to the tenant at the residential premises by 5pm on 20 October 2016.