Zhang v Duggal

The case of Zhang v Duggal involved a dispute between a landlord and a tenant over the termination of a residential tenancy agreement. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The landlord, having entered into a contract to sell the property, sought orders for termination of the tenancy and possession of the premises. The tenant contested the termination, arguing that the notice was not validly served.

The primary legal issue before the tribunal was whether the termination notice served by the landlord was valid. The tribunal needed to determine whether the notice complied with the requirements of the Residential Tenancies Act 2010 and whether the sale of the property constituted a valid ground for termination. The tribunal also had to consider whether the occupation fee imposed on the tenant was reasonable and whether the timeline for relisting the application was appropriate.

The tribunal found that the landlord had validly served the termination notice and that the sale of the property was a valid ground for termination under the Act. The tribunal concluded that the notice was properly served and that the tenant had been given sufficient notice of the termination and the requirement to vacate. The tribunal further determined that the occupation fee of $78.57 per day was reasonable and that the timeline for relisting the application for determining the amount of the occupation fee was appropriate. As a result, the tribunal ordered the termination of the tenancy agreement effective from 20 August 2019 and granted the landlord possession of the premises on that date. The tenant was also ordered to pay a daily occupation fee from 21 August 2019 until the date of actual possession.