NSW Land and Housing Corporation v Rebecca Greig

In this matter, the NSW Land and Housing Corporation sought to terminate a residential tenancy agreement with Rebecca Greig, on the basis of her alleged illegal use of the premises. The dispute was heard and determined by the NSW Civil and Administrative Tribunal. The primary issue before the Tribunal was whether the respondent had indeed used the premises for illegal purposes, thereby justifying termination of the lease under section 91(1)(a) of the Residential Tenancies Act 2010.

The Tribunal considered whether there was sufficient evidence to establish that the respondent had used the premises for illegal activities. The evidence presented included witness statements, photographs, and other materials. The Tribunal found that the evidence was insufficient to support a finding that the respondent had used the premises for illegal purposes. The evidence was largely speculative and did not establish the requisite standard of proof beyond reasonable doubt. Accordingly, the Tribunal dismissed the application for termination of the lease.

The Tribunal found that the respondent had not used the premises for illegal purposes, and accordingly dismissed the application for termination. The Tribunal did, however, make an order for specific performance of clause 7 of the residential tenancy agreement, which prohibits the use of the premises for illegal purposes. This order is intended to ensure that the respondent does not use the premises for illegal activities in the future. No further orders were made by the Tribunal.