Case Note ~ Social Housing Commissioner Driven to Evict Tenant
COMMISSIONER FOR SOCIAL HOUSING v KRUTSKY (Residential Tenancies) [2023] ACAT 55
The case concerned an application by the Commissioner for Social Housing to terminate a residential tenancy agreement for breach of section 51(d) of the Residential Tenancies Act 1997 on the ground of “serious or continuous interference with the quiet enjoyment of nearby premises by an occupier of the premises.”
The social housing tenant had driven her car towards some friends of her neighbour before accelerating into the neighbour’s garage door, causing damage to the house, garage, and writing off a vehicle inside the garage. She was sentenced in the ACT Magistrate’s Court to 18 months imprisonment on each of three criminal charges arising from the incident. The Tribunal acknowledged it had to balance:
the Magistrate’s finding that the tenant committed an intentional act of violence in driving at the friends and a reckless act of violence in causing damage to property,
the functions of the Commissioner in delivering housing assistance to vulnerable members of the community, and
the welfare connotations of “unhousing” a public housing tenant, who could find herself in an even more vulnerable position following her release from prison.
The Tribunal accepted there had been a “serious” interference with the rights of other occupiers to quiet enjoyment. Given the clear terms of section 51(d), the only consideration in exercising its discretion was whether the effect upon the tenant of terminating the tenancy agreement “is disproportionate and therefore arbitrary”. The Tribunal concluded that “the serious nature of the incident, the fear it instilled in the neighbours, the damage caused to their home, and their ongoing anxiety” together with “the effect on the Commissioner as lessor, including its obligation to manage its assets appropriately, and its concerns about its obligation to manage any risk to neighbours or the public” suggested that termination was neither disproportionate nor arbitrary.
The Tribunal granted the application, and the tenant was ordered to vacate the premises.