The case of Charlie Bridge Street Pty Ltd v Petrazzuolo [2019] NSWCACTD 1 demonstrates the options of a landlord in circumstances where a tenant fails to pay rent. The case involved a tenant and landlord who had entered into a commercial lease. The tenant failed to pay rent per the terms of the lease, with the landlord subsequently emailing the tenant informing them that they had breached the contract. Four days after the occurrence of the breach, the landlord took re-possession of the premises. The tenant made an application to the court, claiming wrongful termination based on the failure of the landlord to provide 14 days’ notice before taking re-possession of the premises per clause 12.2.4 of the lease. In its consideration, the Court determined whether clause 12.2.4 was able to circumvent s129 of the Conveyancing Act (‘the Act’). S129 (1) of the Act stipulates “a landlord can re-take possession only if it services notice of the breach, allowing reasonable time to remedy that breach”, however s129 (8) provides “the section has no effect relating to re-entry in the case of non-payment of rent.” In relying on the above clauses, since the situation involved non-payment of rent, the Court held that the landlord was entitled to take re-possession of the premises, despite not providing 14 days’ notice.

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