If you manage retail lease premises this update may be of interest to you.
Breach of Quiet Enjoyment: Anastopoulos Vs University of Sydney Union  NSWCATCD 6-
In brief the University of Sydney Union leased an area to Nicholas Anastopoulas from which he ran a café. University of Sydney Union permanently closed a main door leading to the café due to alleged food smells coming into the lift area from the cafe.
Subsequently Nicholas Anastopoulas made an application to the Tribunal under the Retail Leases Act 1994 that University of Sydney Union was breaking Nicholas Anastopoulas’”quiet enjoyment of the premises”. While there is more detail to the claim and counter claim the important part is the decision and the reason behind the decision.
Decision – the Tribunal found in favour of Nicholas Anastopoulas.
Reason – the Tribunal found that quiet enjoyment is the right of the tenant to operate the business without interruption by the landlord. The tenant has the right to operate the business without the landlord significantly interfering with that right. In this case the decision by University of Sydney Union to permanently close the sliding door had significantly interrupted Nicholas Anastopoulas’ use of the premises because the sliding door was a main access to the café and the cutting off of this access had a significant effect on Nicholas Anastopoulas’ business. Consequently, University of Sydney Union was required to reopen access via the sliding door.
The Residential Tenancies and Rooming Accommodation Act 2008 (‘the Act’) provides that a fixed term tenancy agreement can be terminated by a tenant by giving a Notice of Intention to Leave (Form 13).