Share on LinkedInShare on LinkedIn

ARTICLE · 01 FEBRUARY 2019

Failed exercise of option to renew lease

The Court found the tenant failed to formally exercise the option to renew in accordance with the terms of the lease.

AustraliaReal Estate and Construction

The Tenant verbally exercised an option to renew a lease of premises with the Initial Landlord.  The premises was sold to the Current Landlord on 13 May 2016 (after the expiry of the Lease). The Tenant claims the Current Landlord is estopped from denying that she validly exercised the option.

Background

Ko v CKAS Enterprises Pty Ltd [2018] NSWSC 1876

Ms Ko ("Tenant") claims that CKAS Enterprises Pty Ltd ("Current Landlord") is estopped from denying that she validly exercised an option to renew her lease for a premises ("Demised Premises"). The option was contained in a registered lease dated 13 September 2010 granted to Sung Pak ("Initial Tenant") by S & D Jabbour ("Initial Landlord") ("Lease"). The Lease was for a term of 5 years commencing 13 September 2010 and expiring 12 September 2015.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from