Service of a s 146 notice on sub-tenants – Primary RE Ltd v Great Southern Property Holdings Ltd & Ors [2011] VSC 242

July 5, 2011

Property / leasing

Primary RE argued that a landlord was required to serve notice under s 146 of the PLA on sub-tenants (in this case, the Growers) because the definition of lessee in s 146(5) of the PLA includes a derivative under-lessee and the persons deriving title under a lessee.

The Court found that, in the absence of a specific contractual obligation, a head landlord is not obliged to give notice of default to sub-tenants or mortgagees of the leasehold.

The relevant discussion is found at [159] to [164] of the judgment.

About Sam Hopper

Sam is a property and insolvency barrister.

View all posts by Sam Hopper


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