A group of residents were successful this week in an application brought against the operators of the Wollert Lifestyle Community (Lifestyle).  The application concerned the validity of exit fees in residents’ Residential Site Agreements (RSA) and covenants that allow rent to be charged after a resident dies.   Residents typically buy a home from Lifestyle and […]

Tenants with rent in arrears often try to reduce those arrears by setting them off against some other claim against the landlord. This has caused many landlords to introduce covenants that require the rent to be paid ‘without deductions’ or words to that effect. While a contractual exclusion of set-off is generally effective, in the […]

In the decision of Aldi Foods Pty Ltd v Northcote Shopping Centre Pty Ltd [2024] VSC 799 handed down this morning, Croft J has held that ‘caps’, or upper limits on rent reviews are permitted by sub-s 35(2) of the Retail Leases Act 2003 (Vic). This decision overturns the VCAT decision in Northcote Shopping Centre Pty Ltd v […]

In a decision handed down this week, the Tribunal held that an obligation in a retail premises lease to repaint and re-carpet periodically is not inconsistent with the landlord’s obligation to maintain the premises under s 52 of the RLA 2003.   In the decision of Deng and Deng Pty Ltd v McPhee and Anor […]

VCAT just published another decision in which a Tribunal member held that market rent review cause with a ‘cap’does not comply with sub-s 35(2) of the Retail Leases Act 2003 (Vic) (RLA 2003). In the case of Cote Noire Pty Ltd v Roberts Family Enterprises Pty Ltd (Building and Property) 2024 VCAT 810 Deputy President Riegler considered […]

Acting Senior Member Nash at VCAT today handed down an interesting decision about the operation of s 28 of the RLA 2003 in the case of Pagica Pty Ltd atf the Oscinah Trust v Inlet Property Pty Ltd (Building and Property) [2024] VCAT 830.   In summary, the Tribunal found that: a s 28 notice is […]

In an earlier post here I discussed another decision from VCAT holding that rent review by CPI or to the current market rent with a ‘cap‘ on increases is inconsistent with s 35(2) of the RLA 2003. A number of readers have told me that they are following this issue closely and I noted on […]

In the recent decision of Club Fogolar Furlan Melbourne v Paramount Investments Group Pty Ltd [2024] VSC 208 in the Supreme Court of Victoria, Croft J considered whether a default notice alleging arrears of rent could be valid if it did not make an allowance for abatement of rent claimed by the tenant under s 57 of the Retail […]

Have a look at the following text from section 37(2) of the Retail Leases Act 2003 (Vic) (emphasis added): (2) The current market rent is taken to be the rent obtainable at the time of the review in a free and open market between a willing landlord and willing tenant in an arm’s length transaction having regard to these matters— […]

An earlier post on this blog here discusses two cases from Member Nash at VCAT in which the Tribunal held that a rent review covenant with a cap (or, in one case, a cap and collar) was inconsistent with sub-s 35(2) of the RLA 2003.  In another decision handed down today, Acting Senior Member Nash (as the Member […]