Amad v Grant

The case of *Amad v Grant* concerned appeals to the High Court of Australia from decisions of a Victorian magistrate who had ordered the eviction of two tenants, Amad and Grosglik. The landlord, Grant, had issued notices to quit, and the tenants argued that these notices were invalid. The appeals were brought on the basis that the magistrate's decisions involved Federal jurisdiction due to the application of the National Security (Landlord and Tenant) Regulations.

The primary legal issue before the High Court was whether, in the case of a periodic tenancy, a notice to quit must expire at the end of a period of that tenancy, unless the parties have expressly agreed otherwise. A secondary issue concerned the application of regulation 62 of the National Security (Landlord and Tenant) Regulations, specifically whether it could validate a notice to quit that would otherwise be invalid under general law.

A majority of the High Court, comprising Latham C.J., Rich and Williams JJ., held that for any periodic tenancy, including monthly and weekly tenancies, a notice to quit must, by general law, expire at the end of a period of the tenancy. This principle was derived from English case law, notably *Lemon v. Lardeur*, which the majority adopted. In Amad's case, the written agreement established a monthly tenancy after an initial three-year term, and the notice to quit did not expire at the end of a monthly period, rendering it invalid. In Grosglik's case, there was insufficient evidence to establish the commencement date of his monthly tenancy, meaning the landlord could not prove the notice expired at the end of a tenancy period, thus invalidating it. The majority also found that regulation 62 did not validate notices that were invalid under general law. Dixon and McTiernan JJ. dissented.

The Court allowed the appeals, setting aside the magistrate's orders for possession. This meant that the tenants were not required to vacate the premises based on the notices that had been issued. The landlord would need to issue new, valid notices to quit if they wished to pursue eviction.