Ell v Cisera [2001] NSWSC 242

Ell v Cisera [2001] NSWSC 242

The term giving the landlord the right to re-enter for non-payment of rent for 14 days continued to apply during the month-to-month holding over, so the defendant was entitled to forfeit the lease by re-entry when rent was unpaid for more than 14 days.

Jurisdiction
Australia
Judgment Date
04 April 2001
Procedural Posture
Commercial Lease Dispute / Final Judgment After Hearing on Amended Notice of Motion
Outcome
Lease forfeited by re-entry.
Legal Topics
['duration of Term' 'holding Over After Expiry of Term' 'terms of Holding Over' 'applicability of Lease' 'proviso for Re Entry on Non Payment of Rent']
['equity' 'landlord and Tenant'] ['duration of Term' 'holding Over After Expiry of Term' 'terms of Holding Over' 'applicability of Lease' 'proviso for Re Entry on Non Payment of Rent']

Case Brief

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Procedural Posture

Commercial Lease Dispute / Final Judgment After Hearing on Amended Notice of Motion

Legal Issues

  1. 1 ['Whether a clause allowing for re-entry on non-payment of rent for 14 days applies to a tenancy held over from month to month after expiry of a fixed term lease' "Whether the defendant (landlord) lawfully forfeited the plaintiff's leasehold interest by re-entry for non-payment of rent after expiry of the fixed term"]

Ratio Decidendi

The term giving the landlord the right to re-enter for non-payment of rent for 14 days continued to apply during the month-to-month holding over, so the defendant was entitled to forfeit the lease by re-entry when rent was unpaid for more than 14 days.

Court Disposition

Lease forfeited by re-entry.

Orders

  • []