Was the Lessors Re-Entry Unlawful?
Relief Against Forfeiture Conclusion TOA \h \c “1” \p Cases Sweeney v Kerr [1946] VCR 178 LEGISLATION Leases (Commercial and Retail) Act 2001 Legislation Act 2001 National Security (Landlord and Tenant) Regulations On 23 June 2009 I made orders declaring that a purported termination of the applicants lease by the respondents was invalid, and requiring the respondents to give possession of the premises to the applicant by 5pm that day. At the time I made my orders I gave short reasons and indicated I would supplement those reasons in writing at a later time. These are those reasons. The applicant leases premises in Braddon from the respondents. It uses those premises as a caryard, and trades from them under the business name Braddon Cheapest Cars. On or about 20 June 2008 the parties executed a lease over the subject premises. That lease still has some 4 years left of its term. On 16 June 2009, at approximately 8pm, the respondents re-entered the premises and changed the locks. They sub