Herbert v NSW Land and Housing Corporation

[2020] NSWCA 80

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › From appeal on question of law
4. › Civil and Administrative Tribunal Act 2013 (NSW), s 83(1)
5. › Where appeal grounds without merit
6. › Where arguable errors not relied on in proposed grounds
7. › Where those errors not raised before Tribunal or likely to have been material to outcome
8. › Leave refused
1. Landlord and Tenant
2. › Residential tenancies
3. › Social housing
4. › Termination for breach
5. › Failure to pay rent
6. › Whether cancellation of rental rebate constituted rent increase requiring notice under s 41
7. › Residential Tenancies Act 2010 (NSW), ss 41, 87, 88, 113
1. Practice and Procedure
2. › New arguments on appeal
3. › General principle that parties bound by conduct of proceedings
4. › Whether new argument should be permitted where not raised before Tribunal
5. › Considerations including effect on evidence and materiality to outcome

Quick Take

The Court held that cancellation of a rental rebate does not constitute a rent increase requiring 60 days' notice under s 41 of the Residential Tenancies Act 2010 (NSW), as the rebate is merely an offer to accept a lesser amount in satisfaction of the full rent obligation.