Stevens & Anor v Yan [2004] NSWADT 77

Stevens & Anor v Yan [2004] NSWADT 77

The Tribunal was not satisfied that the roof leaks, rear yard condition or floor holes justified any abatement of rent. The most troublesome leak around the exhaust duct concerned ducting and flashing that formed part of the Tenant's fixtures and was the Tenant's responsibility. The Landlords had taken appropriate and prompt action on other leaks brought to their attention. Because the Tenant had persistently failed to pay all rent due since October 2003, the Landlords were entitled to arrears and possession, although possession was stayed on conditions requiring regular weekly payments.

Jurisdiction
Australia
Judgment Date
20 April 2004
Procedural Posture
Claim for Payment of Money and Claim for Surrender of Possession of Premises / Principal Matter
Outcome
Tenant ordered to pay arrears, outgoings, interest and fees; Landlord entitled to possession forthwith, with possession order stayed until 15 February 2005 subject to weekly payment conditions.
Legal Topics
['rent Arrears' 'outgoings' 'possession of Leased Premises' 'rent Abatement' 'tenant Fixtures' 'mediation Fees' 'interest Under Lease']
['retail Leases' 'property Law' 'commercial Tenancy'] ['rent Arrears' 'outgoings' 'possession of Leased Premises' 'rent Abatement' 'tenant Fixtures' 'mediation Fees' 'interest Under Lease']

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Procedural Posture

Claim for Payment of Money and Claim for Surrender of Possession of Premises / Principal Matter

Legal Issues

  1. 1 ['Whether the Tenant was entitled to an abatement of rent because of alleged rainwater leaks, uneven rear yard surface and holes in the restaurant floor.' 'Whether the Landlords were entitled to payment of rent arrears, outgoings, interest and fees.' 'Whether the Landlords were entitled to terminate the lease and recover possession for non-payment of rent.' 'Whether the Landlords could recover the claimed rent holiday amount and advertising or sale-related expenses.']

Ratio Decidendi

The Tribunal was not satisfied that the roof leaks, rear yard condition or floor holes justified any abatement of rent. The most troublesome leak around the exhaust duct concerned ducting and flashing that formed part of the Tenant's fixtures and was the Tenant's responsibility. The Landlords had taken appropriate and prompt action on other leaks brought to their attention. Because the Tenant had persistently failed to pay all rent due since October 2003, the Landlords were entitled to arrears and possession, although possession was stayed on conditions requiring regular weekly payments.

Court Disposition

Tenant ordered to pay arrears, outgoings, interest and fees; Landlord entitled to possession forthwith, with possession order stayed until 15 February 2005 subject to weekly payment conditions.

Orders

  • ['Tenant to pay Landlord as arrears of rent, outgoings, interest and fees, the sum of $16,721.69.' 'Landlord entitled to possession forthwith, but this order stayed, until 15 February 2005, however the stay is to lapse automatically without further order if Tenant does not on or by Wednesday 21 April 4 pm, and by...