The Supreme Court held that SACAT erred in treating reviews of decisions not to renew expired probationary public housing leases as if they were tenancy termination disputes requiring proof of breach on the balance of probabilities. The correct question on merits review was whether non-renewal was the correct or preferable exercise of the SAHT's discretion, not whether lease breaches were proved to the [name withheld] standard; the SAHT was entitled to decline renewal for any reason or no reason once the probationary term expired. The Court further held that the SAHT's Probationary and Fixed Term Lease Agreements Policy was a mandatory relevant consideration that the Tribunal was required to take into account under [name withheld] (No 2) and [name withheld], and that the Senior Member's dismissal of the policy as unnecessary to consider constituted jurisdictional error.
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