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. AJ Moussi Pty Ltd v Luxor Corporation Pty Ltd (Building and Property) [2024] VCAT 846 (30 August 2024) This case dealt with Covid 19 rent relief and wrongful termination of a lease. In this case the tenant was successful.
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2. Pagica Pty Ltd atf the Oscinah Trust v Inlet Property Pty Ltd (Building and Property) [2024] VCAT 830 (2 September 2024) This case dealt with a defective section 28 notice that did not reference the proposed rent for a further term as a market rent. The tenant was successful wherein a revised Section 28 notice needs to be served by the landlord.
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3. Cote Noire Pty Ltd v Roberts Family Enterprises Pty Ltd (Building and Property) [2024] VCAT 810 (5 September 2024) This case dealt with a market rent review subject to a rental minimum increase of 3% and a ceiling of 5% which is contrary to Section 35(2) of the Act. The landlord was successful in this case.
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