NEIL WRIGHT v WESTON RAINE HORNE – NORWOOD ANOR
[2004] SADC 16Judge Lunn
Civil
On 31 October 2001 the appellant entered into a tenancy agreement with the respondent Weston Raine and Horne (“the Agent”) as agent for the landlord Cocks for Unit 10, 81-85 Windsor Grove, Klemzig. There have been several extensions of the tenancy and under those it runs until 27 May 2004 unless earlier determined. The rent has always been $100 per week.
On 24 November 2003 the Agent served a notice on the appellant for unpaid rent which on 3 December 2003 terminated the tenancy under s80 of the Residential Tenancies Act 1995 (“the Act”). The validity of this termination was not disputed.
On 4 December 2003 the Agent lodged an application with the Residential Tenancies Tribunal (“the Tribunal”) seeking an order for possession of the premises and payment of the security bond. The application was heard by the Tribunal on 15 December 2003. The appellant and a representative of the Agent attended and all gave evidence. The Tribunal considered whether it was just and equitable for it to reinstate the tenancy under s80(5) of the Act. It decided to reinstate the tenancy upon conditions. It gave written reasons for doing so which have not been challenged.
The relevant parts of the sealed order of the Tribunal were as follows:
“ORDERS:
1.Pursuant to Section 80(5) of the Act, I order that the tenancy be reinstated on the condition that the tenant makes the payments listed in clause 2 below. If the payments are not made by the times stated in clause 2 then the tenancy will terminate and the landlord will be entitled to possession of the premises at 10/81-85 Windsor Grove, Klemzig at the respective times stated in clause 3 ON CONDITION THAT if the tenant fails to give up possession then the order for possession may only be enforced by the Tribunal bailiff.
2.The tenant shall make the following payments to the landlord (via the agent):
a. $67.50 on or before 9 January 2004 (making payment of 2 quarterly water supply charges of $33.75 each)
b $200.00 by 5.00 pm on Friday 12 December 2003
c $160.00 by 5.00 pm on Friday 19 December 2003
d $160.00 by 5.00 pm on Monday 29 December 2003
e $160.00 by 5.00 pm on Friday 2 January 2004
f $160.00 by 5.00 pm on Friday 9 January 2004
g $160.00 by 5.00 pm on Friday 16 January 2004
h $160.00 by 5.00 pm on Friday 23 January 2004
i $160.00 by 5.00 pm on Friday 30 January 2004
j $160.00 by 5.00 pm on Friday 6 February 2004
(paying rent to 17 February 2004 with a credit of $35.00 – fortnightly rent is payable under the agreement from 20 February 2004)
3.In default of payments 2a-2i the landlord will be entitled to possession of the premises at the following times:
a 10.00 am on Monday 12 January 2004
b 10.00 am on Monday 15 December 2003
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- AGLC
- Wright v Weston Raine & Horne [2004] SADC 16
- Case
- [2004] SADC 16
- Decision Date
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