Amad v Grant [1947] HCA 9

74 C.L.R.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA]

AMAD - - - - - - - - - APPELLANT ; DEFENDANT, AND GRANT Renee Gey Huo rh. =.) BesponpEnt. CoMPLAINANT, GROSGLIK - - - = - - - - APPELLANT ; DEFENDANT, AND GRANT Ger eg aes oer ioe te Ses RBEPONDENT: CoMPLAINANT,

Landlord and Tenant—Tenancy—Termination—Notice to quit—Periodic tenancy— Notice to determine otherwise than at end of period—Validity—Agreement to let premises—Nature of tenancy—Letting for indefinite term—Tenancy from month to month—Premises let at weekly rent, payable monthly in advance—Tenancy to continue for three years at least and not to cease until a month's notice given— Lanilord and Tenant Act 1928 (Vict.) (No. 3710), Part V.—National Security (Landlord and Tenant) Regulations (S.R. 1945 No. 97—1946 No. 98), reg. 62.

To determine a pericdic tenancy, whether it is yearly, quarterly, monthly or weekly, a notice to quit must (unless the parties have otherwise egreed) take effect at the end of a period of the tenancy.

Lemon vy. Lardeur, (1946) 1 K.B. 613, followed.

An agreement in writing provided that premises were let "at the weekly rent of £2 2s. 6d. payable in advance such tenancy to commence on" 17th May 1937 "and not cease . . . until one month's notice in writing shall have been given . . . and such tenancy to continue for the term of three years at the least." 'The agreement also provided that "the rent is to be paid . . . monthly in advance the first of such payments amounting to £9 4s, 2d. to be paid on the signing of " the agreement "and hereafter such similar amounts on the 17th day of each month following."

H.C. of A.

1947, ad

MELBOURNE, March 5-7.

Latham ©.J., Rich, Dixon, MeTiernan and Williams JJ.

H. C. or A.

1947. SZ Aaap

v.

Grant.

GroscLik

v.

Grant.

HIGH COURT (1947.

Held, by Latham C.J., Rich and Williams JJ. (Dixon and McTiernan JJ. dissenting), that after the first three years the tenancy was from month to month and that the words of the agreement referring to one month's notice did not constitute an agreement that the tenancy might be determined by notice at a time other than the end of a monthly period.