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

Subscribe

Subscribe to our RSS feed and social profiles to receive updates.

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: