Evans & ors -v- Coughlin [2000] NSWADT 162

Evans & ors -v- Coughlin [2000] NSWADT 162

The lessee was not entitled to terminate the lease or cease payment, as he failed to provide sufficient written notice to the lessors of the maintenance and cleanliness problems and did not establish these were the predominant reasons for vacating. Accordingly, the lessors are entitled to arrears of rent and damages, less a small allowance for established maintenance failures.

Parties
Applicant: Ronald & Pamela Evans; Applicant: Kenneth & Julie Wilson; Applicant: Jeffrey & Joy Welbourne; Applicant: Vicbar (Kingsway Plaza) Pty Ltd; Respondent: Steven James Coughlin
Jurisdiction
Australia
Judgment Date
14 November 2000
Procedural Posture
Retail Tenancy Claim / Principal Matter
Outcome
The respondent is ordered to pay the applicants $8660 in respect of rent due under the invalidly terminated lease; claim for future loss stood over; no order as to costs.
Legal Topics
Lease Termination, Lessor Obligations, Tenant Remedies, Damages for Breach of Lease, Maintenance Obligations
Retail Leases Lease Termination Lessor Obligations Tenant Remedies Damages for Breach of Lease Maintenance Obligations

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Parties

Ronald & Pamela Evans

Applicant

Kenneth & Julie Wilson

Applicant

Jeffrey & Joy Welbourne

Applicant

Vicbar (Kingsway Plaza) Pty Ltd

Applicant

Steven James Coughlin

Respondent

Procedural Posture

Retail Tenancy Claim / Principal Matter

Legal Issues

  1. 1 Whether the lessee lawfully terminated the lease due to failure by lessor to maintain premises and common areas
  2. 2 Whether lessor entitled to recover rent following lessee's vacation of premises
  3. 3 Extent of lessee’s liability for rent and damages after vacating premises

Ratio Decidendi

The lessee was not entitled to terminate the lease or cease payment, as he failed to provide sufficient written notice to the lessors of the maintenance and cleanliness problems and did not establish these were the predominant reasons for vacating. Accordingly, the lessors are entitled to arrears of rent and damages, less a small allowance for established maintenance failures.

Court Disposition

The respondent is ordered to pay the applicants $8660 in respect of rent due under the invalidly terminated lease; claim for future loss stood over; no order as to costs.

Orders

  • The respondent to pay the applicants $8660 in respect of rent due under the invalidly terminated lease.
  • Claim for future loss stood over. The lessors to file further evidence relating to their claim for continuing damages.