Converting to strata title may not amount to repudiatory conduct

In brief - Landlords and tenants should be aware of their lease obligations

The NSW Civil and Administrative Tribunal recently found that a landlord converting Torrens title to strata title over leased premises did not amount to repudiatory conduct which prevented it from complying with its obligations under the lease.

Landlord registers strata title and alters annual rent

In the case Pozetu Pty Ltd v Alexander James Pty Ltd [2014] NSWCATCD 183, the applicant, Pozetu Pty Ltd, is the owner of a building at 82 Queen Street, Woollahra in Sydney. Pozetu leased shop 1 to the respondent tenant, Alexander James Pty Ltd, for a term of five years commencing on 1 September 2003, with an option to renew for a further five year term.