URSINO & COMMISSIONER FOR SOCIAL HOUSING IN THE ACT (Residential Tenancies)

The case involves the appellant, Mr Ursino, and the respondent, the Commissioner for Social Housing in the ACT. The dispute pertains to the termination of Mr Ursino's residential tenancy agreement. The matter was heard before the ACT Civil & Administrative Tribunal, with the appeal ultimately being dismissed. The primary legal issue before the tribunal was whether the residential tenancy agreement should be terminated due to the tenant's actions and breaches of a prior tribunal order. The tribunal examined the evidence presented and the grounds for the termination, ultimately determining that the breach of the tribunal's order and the tenant's subsequent actions warranted the termination of the tenancy.

The tribunal's reasoning focused on the breach of the tribunal's order dated 2 May 2011 by Mr Ursino, which led to his conviction for assault and malicious damage on 31 May 2011. Senior Member Jennifer David, who initially heard the matter, was entitled to decide the tenancy termination based on this breach. The tribunal found no fundamental error in her decision, even if an unsworn statement from another neighbour was taken into account, which the tribunal noted was not necessary to support the decision. The Appeal President, Mr W.G. Stefaniak, concluded that Mr Ursino had not satisfied the requirements of Section 48(2) of the Residential Tenancies Act, and thus, the appeal was dismissed. The tribunal further noted that while it was not their role to decide on policy matters, they urged the respondent to consider alternative placements for Mr Ursino given his issues appeared to be related to anger and mental health.

The tribunal's final orders included dismissing the appeal, declaring the tenancy agreement breached, terminating the residential tenancy agreement, and ordering the tenant to vacate the premises by a specified date. Additionally, the tribunal mandated that a warrant for eviction be issued if the tenant did not vacate by the given date, and it ordered the tenant to pay an occupancy fee until possession was given to the lessor. The tribunal also stipulated that any remaining goods on the premises would be deemed uncollected and subject to the Uncollected Goods Act 1996.