Purelli v Rada & Anor (Residential Tenancies)

In the matter of Purelli v Rada & Anor, the dispute involved the application by the lessor for a termination and possession order against the lessees. The application was heard by the Civil and Administrative Tribunal (CAT) in New South Wales. The primary contentions raised by the lessor were the lessees' failure to take care of the premises, failure to pay for water consumption, and the accumulation of rental arrears.

The legal issues before the court were whether the application could engage more than one head of power, whether the identified failures to take care of the premises were remedied, whether the notice regarding water consumption was defective, and if the notice concerning rental arrears was properly issued. The court considered whether the lessor could rely on multiple grounds to terminate the lease and whether the notices provided were adequate to support the application.

The Tribunal concluded that the application could not engage more than one head of power, and therefore, it was limited to one ground. Regarding the failure to take care of the premises, the evidence was insufficient to determine whether the identified failures were remedied. Concerning the water consumption, the notice was defective in identifying the amounts owed, and the court found that its power to correct defects in the notice did not extend to the identified defects. Lastly, the notice regarding rental arrears was made under a different provision and failed to include the required particulars, rendering it ineffective.

The Tribunal dismissed the application for a termination and possession order. Consequently, the application was dismissed, and no possession order was granted to the lessor.