Lugarno renters beat landlord’s attempt to evict them due to coronavirus
A southern Sydney landlord has attempted to have his tenants evicted early so he and his family can move back into their home and protect his elderly mother from the threat of coronavirus.
St George Shire Standard
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A Sydney landlord has failed in his bid to evict his tenants before their lease expires so that he and his family can isolate from his elderly mother to protect her from the threat of coronavirus.
Abraham Tawadros took his Lugarno tenants to the NSW Civil and Administrative Tribunal in an effort to terminate their lease early so his family can move back into their home and away from his 77-year-old mother, who is in the high risk category for coronavirus.
NCAT general member Graham Kinsey ultimately ruled against Mr Tawadros and his tenants’ 12-month lease will now be honoured to its original date of August 9 this year.
“Mr Tawadros stated his family were extremely worried they would expose Esther Tawadros to the coronavirus,” Mr Kinsey stated in his judgment.
“If the landlords could return to the premises, there would be a lower risk of her being infected and ease the stress on the family.”
However, Mr Kinsey found even Mrs Tawadros’ doctor did not say her family posed any additional risk to her by continuing to reside with her despite her health problems.
“The tribunal is satisfied that the landlords have genuine fears for her health and safety if they continue living with her,” Mr Kinsey.
“(The doctor) does not state in his report that Mrs Tawadros must self-isolate or must live alone.”
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Mr Tawadros’ tenant Vanja Grubisic alleged the landlord was in fact motivated by concerns about her ability to pay rent after they fell behind due to their own pandemic problems.
Mr Kinsey heard the tenants were briefly in arrears when their daughter was stranded in Peru due to the coronavirus pandemic and they spent several thousand dollars to repatriate her, although the outstanding rent has since been paid.
The application was dismissed after Mr Kinsey determined Mr Tawadros had not proven he was suffering excessive financial hardship.
“The landlords in my opinion have not fully explored other options available to them to minimise the risk posed by coronavirus,” Mr Kinsey stated.
“As noted earlier termination of the tenancy is a serious matter and would render the tenants homeless.”
NSW Tenants’ Union spokesman Leo Patterson-Ross said it was a sound judgment.
“The tenancy contract does need to be protected by the law, and removing it should never be taken lightly,” Mr Patterson-Ross said.
Mr Patterson-Ross also said tenants should be aware of their rights particularly with the added pressures of the coronavirus pandemic.
“It’s important to know a landlord can’t evict tenants without orders from the tribunal or the court and they risk a $22,000 fine if they do – it’s the most serious penalty,” Mr Patterson-Ross said.
“People are trying to negotiate rent and living situations in a very uncertain environment and it’s much better for both parties to sit down and come to an agreement to sustain their tenancies.”