Set-Off, Relief Against Forfeiture and Repudiation of the Lease

Australian Property Law Journal, 19 46-58

Posted: 26 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2010

Abstract

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

Aitken, Lee, Set-Off, Relief Against Forfeiture and Repudiation of the Lease (2010). Australian Property Law Journal, 19 46-58. Available at SSRN: https://ssrn.com/abstract=2622797

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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