4 Sept 2023
TO v CHAND [2023] NZHC 2459
- Citation
- [2023] NZHC 2459
- Court
- High Court
The written lease was a valid lease; clause 2.1 authorises only storage of machinery and crushing of concrete for resale and does not permit storage of soil/clay/landfill; the landlord's s246 notices (notably the 3rd) sufficiently described the breach and consequences though the short remediation period was arguable; the tenant vacated and thereby accepted termination; the court will cancel the lease and grant possession under s244 and s251 but declines to award compensation because the landlord failed to provide reliable independent evidence of quantity of material and removal costs, reservi…