Damages Under Commercial Leases – Part II

<CCLast week we looked at a landlords rights under a commercial lease where the tenant left the property and stopped making rental payments mid way through a lease.

Our firm brought the matter before the Tamworth Local Court before the lease term expired.

In short there were three periods in which the court had to consider the landlord’s right to damages under the lease.  To recap they were as follows:

  1. the time between the tenant ceasing to make rental payments and surrendering the keys;
  2. the time between the tenant surrendering the keys and the date the matter was brought before the court; and
  3. the time between the court date and the end of the lease which was not due to expire for a further six months.
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Damages Under Commercial Leases – Part I

CCAn interesting legal point arose recently in a case that I conducted in the Local Court.  The question centred around the damages that a landlord is entitled to recover from a commercial tenant that breaches a lease.

Six months into the lease the tenant stopped making rental payments. Nine months into the lease, the tenant surrendered the keys to the premises and moved out.

Court proceedings were brought by the landlord and when the matter came before the Tamworth Local Court, about six months of the original lease term remained yet to expire.

The court had to consider whether the landlord was able to recover from the tenant, rental payments for three separate periods:

  1. the time between the tenant ceasing to make rental payments and surrendering the keys;
  2. the time between the tenant surrendering the keys and the date the matter was brought before the court; and
  3. the time between the court date and the end of the lease which was not due to expire for a further six months.
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“Is You Is Or Is You Not My Baby, Baby?”

Jenni BlissettThe above song title written by Louis Jordan, of course, is used in a different context when the question is asked in a legal proceeding. From biblical times it is told that Solomon was required to decide the parentage of a child and to the present time, disputes continue over parentage.

Thankfully, science can, in many cases, put the question beyond dispute, following the advent of DNA testing.

When a parentage of a child is at issue under family law proceedings, the Court may require a “parenting testing procedure” to be carried out to help in determining the parentage. Such an order may be made as follows:

  1. at the request of a party to the proceedings;
  2. at the request of a party representing a child;
  3. at the Court’s own initiative.
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