As an ongoing service to clients we will be providing you with details of VCAT cases each month concerning retail property issues.
Here are three cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:
1. Cellante v Bhatti (Building and Property) [2024] VCAT 694 (18 July 2024)
This case deals with rent arrears, remediation of a market garden, repairs and the tenants counter claim for loss. The landlord was successful in claiming arrears and part of the remediation cost but claims for damages by both parties were not successful.
Further details can be viewed here.
2. Northcote Shopping Centre Pty Ltd v Aldi Foods Pty Ltd [2024] VCAT 641 (10 July 2024)
This case dealt with a cap on a rent review in accordance with Section 35 of the Retail Leases Act 2003. In this case the lease provided for a 6% cap in the case of a CPI review and 10% in the case of a market rent review in contravention of the single method of review provided for in the Act. In this case the landlord was successful. The case is also apparently now subject to an appeal in the Supreme Court of Victoria.
Further details can be viewed here.
3. Savnac Pty Ltd v Moskowitz (Building and Property) [2024] VCAT 598 (8 July 2024)
This case dealt with a claim for repairs and costs associated with a leaking shower and balcony from a residential unit above. It serves as a reminder to be aware of the leakage issues highlighted in the case. The applicant was successful in their claim.
Further details can be viewed here.
