If a landlord has correctly terminated a lease, the
tenant usually has the right to have the lease reinstated if the
tenant remedies the breach of the lease that led to the
termination.
In brief
At a seminar I delivered last week, I was queried about a
tenant's right to seek relief and get back in the possession of
premises where the lease had been terminated. A landlord has a
right to terminate a lease, if it follows the correct procedure,
where the tenant breaches the lease and does not remedy the breach.
A tenant can get back into possession of the premises if in fact
the parties agree, or the tenant obtains an order from the Court or
VCAT. To obtain such an order, it is usually required that the
tenant remedy the breach and pay any outstanding amounts owing to
the landlord, together with any costs incurred resulting from the
tenant's breach.
