There are a couple of issues that often come up in landlord and tenant cases that were both considered by the Court of Appeal’s decision last week in Brotherhood of St Laurence v Sarina Investments Pty Ltd [2024] VSCA 46 (26 March 2024). First, tenants occasionally try to terminate a lease when the landlord has breached its repair […]

In the recent case of Q St Kilda Tenancy Pty Ltd v Bortnik (Building and Property) [2023] VCAT 1384, the Tribunal heard argument that a landlord who sought to apply increases to the rent that had not previously been charged either had waived the rent increases or was estopped from applying the old increases.  This has been tried […]

In the recent case of Blue Train Café Pty Ltd v The Trust Company Limited (Building and Property) [2024] VCAT 75, the tenant sought an injunction to restrain the landlord from re-entering a leased premises because of alleged unpaid outgoings.  The Tribunal found that there was an arguable case that the landlord had miscalculated the outgoings that were […]