Thurs 16/05/24 – Property Management Update: VCAT Cases for April 2024

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

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

1. Lu v Kesaco Pty Ltd (Building and Property) [2024] VCAT 295 (2 April 2024)

This case dealt with a claim by the landlord for arrears of rent and outgoings. In this case the landlord was not able to prove that rent was payable dating back several years. Also, the failure by the landlord to produce annual section 46 statements prevented the landlord from claiming arrears of outgoings resulted in the landlord’s claim being substantially reduced.

Further details can be viewed here.

2. Cupp Pty Ltd v Genovese Investments Pty Limited (Building and Property) [2024] VCAT 304 (3 April 2024)

This is a case concerning Covid 19 rent relief under the regulations at that time. In this instance the tenant was successful with a straight waiver rather than a part waiver and deferment.

Further details can be viewed here.

3. Clemens v Lajbcygler (No 2) (Building and Property) [2024] VCAT 331 (10 April 2024)

This case dealt with a claim by an adjoining owner for damage to a property from water allegedly flowing from next door under the Water Act 1989 going back many years. The applicants claim was dismissed and the possibility of an award for costs in favour of the respondent was reserved.

Further details can be viewed here.

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