IN BRIEF - TENANT HELD TO HAVE NO CONTRACTUAL RIGHT TO
TERMINATE LEASE
The Queensland Civil and Administrative Tribunal (QCAT) held in
Broben & Anor v Hatfield [2016] QCAT 341 that a retail
tenant, who abandoned the premises due to ongoing water leakage
problems, had repudiated the lease. This case shows that tenants
would be wise to consider the landlord's maintenance
obligations when negotiating the terms of the lease.
TENANT VACATES PREMISES BEFORE LEASE EXPIRES FOLLOWING ONGOING
LEAKAGE ISSUES AND THEN SIGNIFICANT RAIN DAMAGE TO STOCK
The tenant conducted a business of selling aquarium fish and
aquarium products from retail premises at Mermaid Beach. The
premises had a history of water leakage issues following heavy or
ongoing rain. The tenant reported the problems to the
landlord's agent on several occasions, but was not satisfied
with the responses received, nor was the issue substantially
rectified by the landlord.
