(Supreme Court of New South Wales) The tenant abandoned the premises. When the landlord sought recovery of the subsequent rents, the tenant argued that he had a duty to mitigate his losses.
Held: The tenant failed. If the tenant wants to go out of possession and be relieved of the economic burden of the rent he can try to underlet or find an assignee. It was not unreasonable in a landlord to insist on maintaining his position as a result of the grant of the lease, and being reluctant to assume the trouble of finding a new tenant and then suing the original tenant for damages, and leaving it to the tenant to find an assignee or sub-tenant.
Judges:
Young J
Citations:
(1988) 4 BPR 9522
Jurisdiction:
Australia
Cited by:
Cited – Reichman and Another v Beveridge CA 13-Dec-2006
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 December 2022; Ref: scu.396618
