Breach of s.52 can amount to repudiatory conduct

  • Author : Robert Hay QC - 03-10-2011

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.

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Robert Hay QC

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