No Compliance, No Renewal

A retail tenant who repeatedly breaches covenants in a Victoria, Australia, lease isn’t entitled to exercise the lease’s renewal, at least under common law.  That’s the holding in a recent case from the Victorian Civil and Administrative Tribunal, Westgate Battery Co. v. G.C.A. Property Ltd., (2005) VCAT 2080.  Campbell Paine of Melbourne’s Phillips Fox runs down the issues in the case, and notes that results might be different under Victoria’s Retail Tenancies Reform Act of 2003.

[Frank Snyder]