Archive for October 3rd, 2011
Breach of s.52 can amount to repudiatory conduct
Posted by ROBERT HAY QC COMMERCIAL LAW BARRISTER in Retail Lease Act 2003 on October 3, 2011
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.