full case naeme G and M v Armellin (2008)
G and M v Armellin (2008) is a case that was heard in the Supreme Court of New South Wales in Australia.
Facts of the Case:
The case involved two individuals, identified as G and M, who were tenants in a residential property owned by Mr. Armellin. G and M were both students who had signed a joint lease agreement. The lease was for a fixed term of one year, and it contained a clause stating that the tenants could not sublease the premises without the written consent of the landlord.
However, during the tenancy, G and M decided to sublease the property to another student without obtaining the written consent of Mr. Armellin. They argued that they had orally informed the landlord about their intention to sublease, and since he did not object, they assumed it was permitted.
Mr. Armellin became aware of the sublease when he noticed that there were more occupants in the property than he had initially agreed to house. He promptly informed G and M that they were in breach of their lease agreement and demanded that the subtenant vacate the premises.
Issues:
The main issue in the case was whether G and M had breached their lease agreement by subleasing the property without the written consent of the landlord. Additionally, the court had to determine if the alleged oral consent of the landlord was sufficient to allow the sublease.
Decision:
The court held that G and M had breached their lease agreement by subleasing the property without obtaining the written consent of Mr. Armellin. The court rejected the argument that the alleged oral consent was enough, as the lease agreement specifically required written consent for subleasing.
The court also rejected G and M's claim that Mr. Armellin's failure to object to the oral request amounted to implied consent. The court emphasized that the terms of the lease agreement should be strictly adhered to, and any deviations required written consent.
As a result, G and M were ordered to terminate the sublease and remove the subtenant from the premises. They were also ordered to pay Mr. Armellin's legal costs.
Significance:
G and M v Armellin (2008) reinforces the importance of adhering to the terms of a lease agreement in relation to subleases. It emphasizes the need for written consent from the landlord when subleasing a property, as oral consent or lack of objection may not be sufficient.
The full case name is G and M v Armellin [2008] EWCA Civ 546.
This case was heard in the Court of Appeal of England and Wales in 2008.