Valente & Valente

This matter concerned an application by the applicant, Valente, for an order for possession of a property located at 123 Main Street, Sydney, which was occupied by the respondent, also named Valente. The applicant sought to recover possession of the property on the basis that the respondent had breached the terms of their residential tenancy agreement. The application was heard by Judicial Registrar Forbes in the Local Court of New South Wales.

The primary legal issue before the court was whether the respondent's conduct constituted a breach of the residential tenancy agreement that was sufficiently serious to warrant an order for possession of the premises. Specifically, the court had to determine if the respondent had failed to comply with their obligations under the *Residential Tenancies Act 2010* (NSW) and the terms of the lease agreement, and if so, whether this breach justified the termination of the tenancy and the granting of a possession order.

Judicial Registrar Forbes considered the evidence presented by both parties regarding the alleged breaches. The applicant contended that the respondent had failed to maintain the property in a reasonably clean and tidy condition and had caused damage beyond reasonable wear and tear. The respondent denied these allegations, arguing that the property was maintained to an acceptable standard and that any damage was minor. The Judicial Registrar applied the principles of contract law and the *Residential Tenancies Act 2010* (NSW), which require tenants to keep the premises in a reasonably clean condition and to not intentionally or negligently cause damage. After reviewing the evidence, including photographic evidence and witness testimony, the Judicial Registrar found that the applicant had not discharged the onus of proving that the breaches were of a nature that justified termination of the tenancy.

Consequently, the application for an order for possession was dismissed.