Lawyer welcomes ruling boosting landlord’s rights on leases
Landlords stand to get some relief after a Supreme Court ruling on leases and legal costs, according to the lawyer for the successful party.
Barrister Peter Sanderson of Wakefield Quin hailed this month’s ruling as a case that “provides very helpful guidance for the many tenancy disputes that come before the courts”.
His comments followed the judgment on the case of tenant Eimear Burke against landlord Daniel Bucher.
The occupant had moved into an apartment in her landlord’s home in 2011 on a one-year lease, but she moved out after less than three months, and couldn’t find a replacement for the remainder of the lease.
The landlord subsequently demanded that she pay for the remainder of the lease.
According to Mr Sanderson, the tenant’s counsel argued that “because the lease said that the rent was to be paid per calendar month, rather than spelling out that it was an annual rent paid in twelve instalments, that the lease was a monthly one to be terminated on a month’s notice”.
However, in April, Acting Magistrate Maxanne Anderson ruled in the landlord’s favour, awarding $10,854 in damages.
She rejected evidence that the landlord had been “excessively noisy”.
Ms Anderson didn’t award full indemnity costs to the property owner, as the case had come to the lower court which allows for costs on a limited scale.
The former resident appealed the magistrate’s ruling and the landlord cross-appealed, asking for full costs as stipulated on the lease.
Chief Justice Ian Kawaley upheld the lower court’s ruling, also granting the landlord his full costs.
“The case provides very helpful guidance for the many tenancy disputes that come before the courts,” Mr Sanderson told The Royal Gazette.
“It will give landlords the comfort that they are able to recover their legal fees, and will encourage tenants to cooperate with landlords to resolve breaches in a timely manner.”