NSW Land and Housing Corporation v Romeyn

The NSW Land and Housing Corporation took proceedings against Romeyn, seeking the termination of a residential tenancy agreement. The Corporation claimed that Romeyn had used the premises for an illegal purpose, namely the operation of a brothel, and sought to terminate the tenancy on this basis. Romeyn contested the claim and argued that the Corporation had not acted in accordance with the statutory requirements when issuing a termination notice.

The primary legal issue before the court was whether the Corporation had validly terminated the tenancy. Specifically, the court needed to determine whether the use of the premises by Romeyn constituted an illegal purpose and, if so, whether the termination notice complied with the statutory requirements. Additionally, the court needed to consider whether any discretionary factors warranted the exercise or withholding of the power to terminate the tenancy.

The court found that the use of the premises by Romeyn for the operation of a brothel was an illegal purpose. The court then considered the statutory requirements for the termination of a tenancy in such circumstances and held that the Corporation had followed the correct procedure in issuing a termination notice. The court also considered the discretionary factors and determined that there were no grounds to exercise discretion in favour of the respondent. Consequently, the court ordered the immediate termination of the tenancy, but suspended the order until a later date to provide Romeyn with an opportunity to vacate the premises and to allow for the payment of an occupation fee.

In light of the findings, the court made an order for the immediate termination of the tenancy agreement, with the effective date of termination set for 29 October 2015. The order was suspended until that date to provide Romeyn with time to vacate the premises. Additionally, the court ordered Romeyn to pay an occupation fee of $14.11 per day from 29 October 2015 until the date of vacant possession.