Written by baron + associates recently advised Heriot Properties (Australia) Pty Ltd on a leasing dispute with Ezymart Leasing Pty Ltd in the NSW Civil and Administrative Tribunal.
Heriot Properties was the lessor of the premise in question. Ezymart undertook unauthorised work on the common property of the property – installing five exhaust vents in a common gyprock wall in the basement area of the building.
In 2020, the Owners Corporation commenced proceedings against Heriot Properties seeking rectification of the unauthorised works on common property. Heriot Properties attempted to comply with this order twice, but was denied access in each instance by Ezymart’s employees.
In these proceedings, the Heriot Properties sought an order under the Retail Leases Act 1994 that Ezymart provide Heriot Properties with access to the premises to enable them to comply with the order from the 2020 proceedings.
The Senior Member of the Tribunal undertook a close analysis of the terms of the lease and determined that Heriot Properties was entitled to access the premises to enable it to comply with the Tribunal order, and to access the premises to carry out work to remove the vents and reinstate the wall.
Ezymart had breached 4 clauses of the lease so Heriot Properties was entitled to compensation for damage suffered, and entitled to be indemnified for the damages caused to the property. The Tribunal awarded Heriot Properties Pty Ltd damages in the amount of $40,919.61 and a grant of access to the premises.