Occupant RT391 v Grantor RT391 (Residential Tenancies)

The case involved an application by the occupant, RT391, to the Tribunal to stay a notice to vacate issued by the grantor, RT391. The dispute arose in the context of a residential tenancy agreement under the Residential Tenancies Act. The occupants, who have disabilities and reside in shared supported housing, were served a notice to vacate due to behavioural incidents involving external care providers. The occupants sought to stay the notice pending the substantive hearing, arguing exceptional circumstances were present due to the nature of their disabilities and the impact of the proposed vacating on their well-being.

The legal issues before the Tribunal included whether the notice to vacate should be stayed pending the substantive hearing, and if there were exceptional circumstances warranting such a stay. The Tribunal needed to consider the nature of the tenancy, the impact of vacating on the occupants, and whether the incidents that led to the notice to vacate were indeed exceptional and beyond the control of the occupants.

In reaching its decision, the Tribunal considered the nature of the tenancy and the specific circumstances of the occupants. It noted the disabilities of the occupants and the impact of vacating on their well-being, as well as the role of external care providers in the incidents that led to the notice to vacate. The Tribunal found that the circumstances were indeed exceptional, as the incidents were largely due to factors outside the control of the occupants, such as the behaviour of external care providers. Consequently, the Tribunal decided to stay the notice to vacate until the substantive hearing could be held.

The Tribunal issued an order staying the Notice to Vacate dated 11 May 2020 until 2 June 2020. This order allows the occupants to remain in the premises pending the outcome of the substantive hearing, providing them with an opportunity to address the issues raised in the notice to vacate.