In Brief
There have been numerous decisions concerning the rent relief to
be provided to tenants over the 12 months ending 28 March 2021. Two
decisions stand out in particular and potentially provide relief
for tenants who are alleged not to have provided a compliant rent
relief request, or could not operate their business last year
during the lockdowns. The two VCAT decisions are Yarraville
Business v Persico (Building and Property) [2021] VCAT 213 and
R&D Health Clubs Pty Ltd v Lin Wang Pty Ltd (Building and
Property) [2021]VCAT 349.
What you need to know
For landlords, do not seek to terminate a lease without legal
advice. If a landlord wrongfully terminates a lease for non-payment
of rent last year, the landlord could be liable for damages
representing the tenant's loss of profit and damage to
goodwill.
