All Options Pty Ltd v Mathews

All Options Pty Ltd (the applicant) sought an order for possession of a property against Mr. Mathews (the respondent). The dispute concerned the applicant's entitlement to possession of the property following the respondent's alleged breach of a residential tenancy agreement. The matter was heard in the Magistrates Court of Western Australia.

The primary legal issue before the court was whether the applicant had validly terminated the residential tenancy agreement and, consequently, was entitled to an order for possession of the premises. This involved determining whether the notice to terminate served by the applicant complied with the requirements of the *Residential Tenancies Act 1987* (WA) and whether the grounds for termination relied upon by the applicant were established.

Judge A. Kelly found that the notice to terminate served by the applicant was defective as it did not specify the grounds for termination with sufficient particularity as required by the Act. Consequently, the notice was invalid, and the tenancy agreement had not been validly terminated. The court therefore held that the applicant was not entitled to an order for possession. The application for possession was dismissed.