Thurs 05/10/23 – Property Management Update: VCAT Cases for September 2023

As an ongoing service to clients we will be providing you with details of VCAT cases each month concerning retail property issues.

Here are four cases which may be of interest to you from the Building and Property List at VCAT which are summarised below:

1. Stricta Pty Ltd v CW Leasing Services Pty Ltd.

This case dealt with a landlord who sought to overturn a rental determination in accordance with section 37 of the RLA. The landlord was successful in this case.

Further details can be viewed here.

2.RP Flooring Services Pty Ltd v Gugler (Building and Property) [2023] VCAT 1089 (20 September 2023) 

This case deals with issues concerning flooring works and loss of rent that were disputed under the Australian Consumer Law. If you have a dispute over building repairs then this is good case to refer to.

Further details can be viewed here.

3.Christopher v Lemanda Pty Ltd (Building and Property) [2023] VCAT 1101 (22 September 2023).

This case deals with a rent review that did not comply with section 35 of the RLA and was backdated to 2014. In this case the tenant was successful.

Further details can be found here.

4. JROC Products Pty Ltd v Ashmog Investments Pty Ltd (Building and Property) (Costs) [2023] VCAT 1112 (26 September 2023)

This case dealt with legal costs and gst which the landlord was successful in claiming. The case also examined whether the tenancy was a retail lease. VCAT found that the RLA did not apply.

Further details of the case can be found here.

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