The Commissioner for Social Housing in the Act v Norman Faull

The Commissioner for Social Housing in the ACT initiated proceedings against Norman Faull, the tenant, seeking the termination of his residential tenancy at 13/5 Cerutty Crescent, Gordon, ACT. The Commissioner alleged that Faull had engaged in conduct that seriously interfered with the quiet enjoyment of the premises, specifically by causing disturbances to other residents, including playing loud music, engaging in aggressive and abusive behaviour, and creating a nuisance. The case was heard in the ACT Civil and Administrative Tribunal.

The primary legal issue before the Tribunal was whether Faull's conduct constituted a serious or continuous interference with the quiet enjoyment of the premises, thereby warranting termination of his tenancy. The Tribunal considered the relevant statutory provisions under the Residential Tenancies Act 1997 (ACT), which allow for the termination of a tenancy on the grounds of interference with the quiet enjoyment of other residents. The Tribunal also examined the evidence presented regarding the nature and frequency of Faull's disruptive behaviour, as well as the impact of this behaviour on other residents.

The Tribunal found that Faull's conduct did indeed amount to a serious interference with the quiet enjoyment of the premises. The evidence demonstrated a pattern of disruptive behaviour that significantly impacted the other residents' ability to enjoy their living environment peacefully. The Tribunal concluded that the interference was both serious and continuous, justifying the termination of Faull's tenancy. Consequently, the Tribunal ordered that the tenancy terminate at 10am on 13 October 2008, with Faull required to vacate the premises and grant vacant possession by 4pm on 14 October 2008. In the event of non-compliance, the Registrar was directed to issue a warrant of eviction, with the need for service of the warrant dispensed.