Repair or Beware

7 March 2012

In the recent VCAT decision Hann-Woodlock v ADMR Pty Ltd (2011) the tribunal held that a landlord who failed to repair a leaking roof had breached the repair convenants in the lease and also the statutory obligations imposed by s.52 of the Retail Leases Act 2003.

Among other things, section 52 requires the landlord to maintain the structure of the premises in a condition which is consistent with the condition of the premises when the lease was entered into.

The tribunal found that the leaking roof made it impracticable for the tenant to conduct her business from the premises and that the landlord's conduct amounted to a repudiation of the lease which had been accepted by the tenant.  Damages were awarded to the tenant.

For more information please contact Mari Ross on (03) 9510 0366 or