Monday 3 October 2011

Breach of s.52 can amount to repudiatory conduct

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On 9 September 2011 I posted an article entitled "Can a landlord's failure to comply with s.52 constitute repudiatory conduct?". 

In Hann-Woodlock v ADMR Pty Ltd [2011] VCAT 1776  Senior Member Walker held that the landlord had breached repair covenants contained in the lease and, with respect to a leaking roof, had breached the repair term imported into retail leases by s.52 of the Retail Leases Act 2003.

Section 52 imposes an obligation on landlords to maintain in a condition consistent with the condition of the premises when the lease was entered "the structure" of the premises, among other things. 

The Senior Member held that the breaches amounted to a repudiation which had been accepted by the tenant. Damages were awarded to the tenant.

Thanks to Jamie Bedelis for alerting me to this.


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Author: Robert Hays Barrister subject to copyright under DMCA.





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