Robert Hay KC Blog

Termination notices

  • Suspension of rent obligation where wrongful re-entry and tenant evicted

    Where a landlord wrongfully re-enters leased premises and physically takes possession of the premises is the tenant obliged to continue to pay the rent? This question arises where a landlord re-enters the premises and the tenant disputes the landlord’s right to do so. Where the tenant obtains an interlocutory injunction enabling it to regain possession

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  • Understanding default notices given under a lease

    A default notice given under a lease does not necessarily require the tenant to rectify the defaults alleged within the time specified in the notice The Victorian provision concerning default notices is s.146(1) of the Property Law Act 1958. Section 146(1) provides in part: A right of re-entry or forfeiture under any proviso or stipulation in a lease

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  • Real estate agent not authorised to accept termination notice given under s.31 of Sale of Land Act 1962

    A purchaser of land in Victoria may terminate the contract “at any time before the expiration of three clear business days” after signing the contract. See: s.31(2) of the Sale of Land Act 1962 (Vic). The termination notice must be “given to the vendor or his agent” or left at an address specified in the

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  • Lessor’s purpose for demolishing leased building is irrelevant

    Leases commonly permit a landlord to terminate a lease if the landlord intends to demolish the building located on the leased premises. Section 56 of the Retail Leases Act 2003 (Vic) implies terms into a retail premises lease that provides for the termination of lease on the grounds that the building is to be demolished.

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  • Second Notice to Complete Revives Terminated Agreement – Contract Sale of Land

    A vendor who has terminated a contract for the sale of land should be wary of serving a second notice to complete because the second notice revives the agreement that has been terminated. In Rona v Shimden [2005] NSWSC 818 a vendor under a contract of sale claiming to have terminated the contract, gave notice

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