PESI & COMMISSIONER for SOCIAL HOUSING in the ACT (Residential Tenancies)

PESI appeals a decision of the Residential Tenancies Tribunal regarding the termination of their residential tenancy. The Tribunal had issued an unconditional termination and possession order in favour of the Commissioner for Social Housing in the ACT. PESI argues that the Tribunal erred in failing to consider certain evidence and in not taking into account their compliance with interim orders, which they assert breaches natural justice and procedural fairness.

The primary legal issues before the court were whether the Tribunal had failed to consider evidence it had accepted and whether it had properly considered the Appellant's compliance with interim orders. Additionally, the court had to determine whether the Tribunal's failure to consider these matters amounted to a breach of natural justice and procedural fairness. The Appellant contended that the Tribunal had not adequately assessed their rental payments, which they claimed were in compliance with the interim orders, and thus the Tribunal's decision was flawed.

The court found that the Tribunal had indeed failed to consider evidence it had accepted and had not properly evaluated the Appellant's compliance with the interim orders. The court held that these errors amounted to a breach of natural justice and procedural fairness. Consequently, the appeal was granted, the previous decision was set aside, and a conditional termination and possession order was issued for 12 months from the date of the original decision. The Appellant was also ordered to pay rent at the assessed rate of $116.40 per fortnight plus arrears at the rate of not less than $30.00 per fortnight.