ZYWCZAK & JAMES (Residential Tenancies)

In the matter of ZYWCZAK & JAMES (Residential Tenancies), the ACT Civil & Administrative Tribunal was tasked with deciding an application for termination and possession order due to arrears of rent. The application was brought by the lessor, Mrs Zywczak, against the tenant, Mr James, for unpaid rent amounting to $900. Mr James filed a counter-claim seeking a set-off of $1225 against the arrears. The tribunal dismissed the counter-claim and granted the lessor's application for an unconditional termination and possession order. The tribunal found that the tenant had failed to provide satisfactory evidence to support his counter-claim, and was not reasonably likely to meet future rent payments or clear the arrears in a timely manner. Consequently, the tribunal exercised its discretion under section 49 of the Residential Tenancies Act 1997 (RT Act) to make an unconditional termination and possession order, which was stayed for 21 days to allow the tenant to secure alternative accommodation. The tribunal also ordered the tenant to pay the lessor rental arrears of $900 and an occupancy fee of $25.71 per day from the date of the order until possession was given.