NSW Land and Housing Corporation v Terrisa Caldwell

The NSW Land and Housing Corporation, as the landlord, brought an action against Terrisa Caldwell, the tenant, seeking termination of the Residential Tenancy Agreement. The basis of the claim was a breach of the agreement by the tenant, which included non-payment of rent and other charges, and causing damage to the property. The case was heard and determined in the Local Court of New South Wales.

The primary legal issue before the court was whether the breaches alleged by the landlord were sufficient to warrant termination of the tenancy agreement. The court needed to consider the severity and nature of the breaches, and whether they constituted a material breach of the agreement. Additionally, the court had to determine what orders, if any, should be made in response to the breaches.

In determining the matter, the court found that the tenant had indeed breached the agreement by failing to pay rent and other charges, and by causing damage to the property. The breaches were deemed to be material, and therefore justified termination of the agreement. The court ordered that the agreement be terminated in accordance with section 87 of the Residential Tenancies Act 2010, with effect from 31 January 2015. The tenant was also ordered to pay a daily occupation fee, calculated at 1/7th of her weekly rent, from 1 February 2015 until possession was given to the landlord. The court made no further orders.