Quick v Lam-Ly Pty Ltd

[2019] VSCA 157

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Residential Tenancies
2. › Termination of tenancy agreement
3. › Exclusive statutory regime
4. › Whether common law repudiation applies to residential tenancies
5. › Whether notice to vacate constitutes disclaimer
6. › Residential Tenancies Act 1997 (Vic), ss 216, 225
1. Residential Tenancies
2. › Possession orders
3. › Non-payment of rent
4. › Whether tenant entitled to withhold rent following allegedly wrongful notice to vacate
5. › Residential Tenancies Act 1997 (Vic), ss 39, 246, 330
1. Practice and Procedure
2. › Leave to appeal
3. › Real prospect of success test
4. › Whether appeal from VCAT on question of law has real prospect of success
5. › Supreme Court Act 1986 (Vic), ss 14A, 14C
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Practice and Procedure
2. › Appeals
3. › New points on appeal
4. › Whether point not raised before Tribunal may be raised on appeal on question of law

Quick Take

A residential tenancy agreement governed by the Residential Tenancies Act 1997 (Vic) cannot be terminated by common law repudiation; s 216 creates an exclusive statutory termination regime. A landlord's service of a notice to vacate, even if given in error or bad faith, is an exercise of statutory power and does not constitute disclaimer of the tenancy agreement under s 225. The obligation to pay rent under the Act is unconditional and is not suspended by the service of a notice to vacate or by a tenant's claim for damages against the landlord.