Tenant RT11421 v Commissioner for Social Housing (Appeal)

The tenant, Tenant RT11421, sought an appeal against the decision of the Tribunal (Original Tribunal) to make a termination and possession order for breach of a payment order made under section 42B of the Residential Tenancies Act 1997 (RT Act). The Appeal Tribunal dismissed the appeal and confirmed the orders of the Original Tribunal. The appeal was dismissed because the Original Tribunal was not in error, either in fact or in law, and the grounds of appeal did not establish a material error. The tribunal had considered the appellant's circumstances, including her mental health and financial capacity, and concluded that it was not reasonably likely that she would comply with another payment order. The appeal tribunal also noted that the tribunal was not required to adjourn proceedings to give a party an opportunity to build a case, especially when the question before the tribunal was whether the appellant could reasonably be expected to pay. The tribunal was also satisfied that the Original Tribunal had considered the appellant's human rights, even if not expressly. The tribunal made an order suspending the decision in this matter for a period of two weeks to allow the respondent time to contact the Australian Federal Police should execution of the warrant no longer be needed.