More recently, we issued an injunction for a corporate tenant of a retail store. We obtained urgent orders from VCAT (on less than 24 hours’ notice) restraining the landlord from re-entering the premises and interfering with the tenant’s quiet enjoyment.
During the proceeding, it became apparent that the landlord had wrongfully re-entered the premises after issuing an invalid notice of breach of lease, claiming rental arrears. In fact, the landlord had increased the rent in breach of the rent review provisions in the lease and the tenant had actually overpaid the rent when the landlord’s re-entry was made.
VCAT declared the landlord’s notice of breach of lease and re-entry of the premises were both wrongful and unlawful. The rent for the remainder of the current term was reduced accordingly.