Breaches of lease 'capable of remedy': A technical or practical approach?
The service of a notice to remedy a breach of a lease covenant is the essential precursor to a lessor enforcing a right of re-entry where the lease contains a re-entry clause. If the notice can be invalidated by the lessee, subsequent proceedings will be misconceived. A failure to specify in the notice how a breach may be remedied, where the breach is capable of remedy or where compensation may be sought in lieu, may cause the invalidation of the notice. There are significant differences of opinion between the English and Australian courts on this question. This article explores these differences in the light of a recent English Court of Appeal decision Akici v LR Butlin Ltd  1 WLR 201. This case strongly suggests that the more practical interpretation of the Australian courts of the expression "if the breach is capable of remedy" is the correct approach instead of the more technical and restrictive approach that has been previously accepted in England.
Citation countsare sourced monthly fromand citation databases.
These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.
Citations counts from theindexing service can be viewed at the linked Google Scholar™ search.
Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.
|Item Type:||Journal Article|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
Current > Schools > School of Law
|Copyright Owner:||Copyright 2006 Lexis Nexis|
|Copyright Statement:||Reproduced in accordance with the copyright policy of the publisher.|
|Deposited On:||16 Mar 2007|
|Last Modified:||29 Feb 2012 23:18|
Repository Staff Only: item control page