Set-Off, Relief Against Forfeiture and Repudiation of the Lease
Australian Property Law Journal, 19 46-58
Posted: 26 Jun 2015
Date Written: 2010
The repudiation of a lease is a serious matter for both landlord and tenant. The recent decisions of the NSW Court of Appeal in World Best Holdings Ltd v Sarker and Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service mean that a landlord must take care to ensure the a repudiation of the contract of lease has actually occurred and that no notice under section 129 of the Conveyancing Act (1919) is required. Procedural questions in relation to relief against forfeiture, and the use of set-off to prevent a tenant's eviction also raise complicated issues now discussed.
JEL Classification: K00
Suggested Citation: Suggested Citation