NSW Land and Housing Corporation v Thorpe

The New South Wales Civil and Administrative Tribunal (NCAT) heard a dispute between the NSW Land and Housing Corporation and Ms Thorpe. The landlord, the NSW Land and Housing Corporation, sought to terminate the Residential Tenancy Agreement on the grounds of illegal use under section 91 of the Residential Tenancies Act 2010. The tenant, Ms Thorpe, challenged the termination, arguing that she did not use the property for illegal activities and that the termination was unjust. The central legal issues for the NCAT to decide were whether Ms Thorpe had used the property for an illegal purpose under the Act and, if so, whether the termination of the agreement was justified and appropriate.

The NCAT found that Ms Thorpe had indeed used the property for illegal activities, specifically the manufacture and supply of drugs. The tribunal reviewed evidence including statements from law enforcement officers and items seized from the property, which demonstrated Ms Thorpe’s involvement in drug-related offences. The NCAT determined that the illegal use was severe and warranted the termination of the Residential Tenancy Agreement under section 91 of the Act. The tribunal also considered Ms Thorpe’s personal circumstances and the impact of the termination but concluded that the illegal use of the property justified the termination.

As a result of the findings, the NCAT ordered the termination of the Residential Tenancy Agreement in accordance with section 91 of the Act. The agreement was terminated as of 13 September 2016, and Ms Thorpe was required to vacate the premises and return possession to the landlord on the date of termination. This decision reflects the tribunal’s emphasis on the serious nature of illegal activities conducted on rental properties and the protection of public safety and order.