Serious v Barlow; Barlow v Serious

In the case of Serious v Barlow; Barlow v Serious, the Civil and Administrative Tribunal of New South Wales was called upon to consider whether ex parte orders made in a residential tenancy dispute should be set aside. The landlords, Tanya and Andrew Barlow, sought to terminate a residential tenancy agreement with the tenants, Yahoo Serious and Serious Productions Pty Limited, after the tenants failed to pay rent. The tenants sought to have the ex parte orders set aside and to argue that the termination of the tenancy should not proceed due to the impact of the COVID-19 pandemic on their household.

The primary legal issue before the Tribunal was whether the ex parte orders made by the Tribunal should be set aside and whether the residential tenancy agreement should be terminated. The Tribunal also had to determine the appropriate relief to be granted in the circumstances of the COVID-19 pandemic, including whether an order for possession should be suspended and the amount of an occupation fee, if any, that should be paid by the tenants.

The Tribunal held that the ex parte orders made on 15 June 2019 should be set aside in accordance with clause 9 of the Civil and Administrative Tribunal Regulation 2013. The Tribunal found that the tenants had breached the residential tenancy agreement by failing to pay rent in accordance with the agreement and that the landlords had given a valid termination notice. However, the Tribunal also found that the termination of the tenancy should be suspended until 13 August 2020 due to the impact of the COVID-19 pandemic on the tenants' household. The Tribunal ordered that the tenants pay the landlords a daily occupation fee of $192.86 from the day after the date of termination until the date vacant possession is given to the landlords. The Tribunal further ordered that the landlords may request the relisting of the application to determine the amount of the occupation fee owing within 60 days of the date for possession of the premises. Finally, the Tribunal ordered the tenants to pay the landlords the sum of $15,000.00 immediately.

In summary, the Tribunal set aside the ex parte orders, terminated the residential tenancy agreement, and ordered a suspension of the order for possession due to the impact of the COVID-19 pandemic on the tenants' household. The Tribunal also ordered the tenants to pay the landlords a daily occupation fee and to pay a lump sum of $15,000.00 immediately.