Bartlett -v- Anderson & anor; Anderson & anor -v- Bartlett [2000] NSWADT 86

Bartlett -v- Anderson & anor; Anderson & anor -v- Bartlett [2000] NSWADT 86

There was a valid lease of fitted premises created by oral agreement and conduct, commencing 24 August 1998, under the Retail Leases Act. The tenant's persistent failure to pay rent entitled the landlord to terminate the lease by re-entry on 28 October 1999; the tenant is relieved from all obligations under the lease except for outstanding rent, set off by agreed amounts. The landlord is entitled to rent of $540.00 after set-off. Compensation to the tenant, including for goodwill, is refused.

Parties
Applicant (995027)/respondent (005010): Amanda Bartlett; Respondent (995027)/applicant (005010): Colin Anderson; Respondent (995027)/applicant (005010): Jan Anderson
Jurisdiction
Australia
Judgment Date
04 July 2000
Procedural Posture
Claim for Declaration of Rights, Obligations and Liabilities Under a Lease; Claim for Payment of Money (cross Claim) / Final Decision on Principal Matter After Failed Mediation and Hearing
Outcome
Lease validly terminated by re-entry for non-payment of rent. Tenant liable to pay $540.00 in rent. Other obligations under the lease are extinguished, except for rent. Compensation to tenant refused. No orders as to costs or interest.
Legal Topics
Retail Leases, Termination of Lease, Payment of Rent, Compensation, Set Off, Equitable Relief
Property Law Commercial Law Retail Leases Termination of Lease Payment of Rent Compensation Set Off Equitable Relief

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Parties

Amanda Bartlett

Applicant (995027)/respondent (005010)

Colin Anderson

Respondent (995027)/applicant (005010)

Jan Anderson

Respondent (995027)/applicant (005010)

Procedural Posture

Claim for Declaration of Rights, Obligations and Liabilities Under a Lease; Claim for Payment of Money (cross Claim) / Final Decision on Principal Matter After Failed Mediation and Hearing

Legal Issues

  1. 1 Whether a lease existed between the parties and its terms
  2. 2 Whether the lease was properly terminated for non-payment of rent
  3. 3 Entitlement to set-off for costs incurred by the tenant

Ratio Decidendi

There was a valid lease of fitted premises created by oral agreement and conduct, commencing 24 August 1998, under the Retail Leases Act. The tenant's persistent failure to pay rent entitled the landlord to terminate the lease by re-entry on 28 October 1999; the tenant is relieved from all obligations under the lease except for outstanding rent, set off by agreed amounts. The landlord is entitled to rent of $540.00 after set-off. Compensation to the tenant, including for goodwill, is refused.

Court Disposition

Lease validly terminated by re-entry for non-payment of rent. Tenant liable to pay $540.00 in rent. Other obligations under the lease are extinguished, except for rent. Compensation to tenant refused. No orders as to costs or interest.

Orders

  • Matter number 995027: 1. The lease of the premises at Shop 1-22 Lake Street, Laurieton between the Applicant and Respondent, which commenced on 24 August 1998 by operation of the Retail Leases Act was validly terminated by re-entry, for failure to pay rent, on 28 October 1999.
  • 2. The Applicant is relieved from all obligations pursuant to the lease other than the obligation to pay rent, see order made in application 005010.