ELLISON & PETERS

This matter concerned an application by Ellison and Peters (the applicants) for an order for possession of a property. The respondents, who were the tenants of the property, had failed to pay rent for a period of three months. The applicants sought to terminate the tenancy agreement and recover possession of the premises.

The primary legal issue before the court was whether the applicants had validly terminated the tenancy agreement under the relevant residential tenancy legislation. Specifically, the court had to determine if the notice to remedy breach served by the applicants was sufficient in form and content to satisfy the statutory requirements for terminating a residential tenancy agreement due to rent arrears.

Fowler J found that the notice to remedy breach served by the applicants was defective. The notice failed to specify the exact amount of rent arrears outstanding, which was a mandatory requirement under the legislation. Consequently, the notice was invalid, and the applicants had not validly terminated the tenancy agreement. The court applied the principle that statutory requirements for terminating tenancies must be strictly adhered to.

The application for possession was therefore dismissed.