QLDIn ForceAct
Property Law Act 2023
sec.178Limitation on award of damages for breach of obligation to repair
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### sec.178 Limitation on award of damages for breach of obligation to repair
This section applies if a lessor brings a proceeding against the lessee claiming damages for breach of an obligation to keep or put premises in good repair during the term of the lease or when the lease ends.
In making an award of damages for breach of the obligation, the court may not award more than the lesser of the following amounts—
the amount, if any, by which the value of the reversion is diminished by the breach;
the amount of the actual cost of remedying the breach.
Also, the court may not award damages for breach of the obligation if the lessee proves that on or after the termination of the lease—
the premises have been, or will be, demolished; or
structural alterations have been, or will be, made to the premises that would result in the cost of remedying the breach being of no value or of insufficient value to justify the cost.
(sec.178-ssec.1) This section applies if a lessor brings a proceeding against the lessee claiming damages for breach of an obligation to keep or put premises in good repair during the term of the lease or when the lease ends.
(sec.178-ssec.2) In making an award of damages for breach of the obligation, the court may not award more than the lesser of the following amounts— the amount, if any, by which the value of the reversion is diminished by the breach; the amount of the actual cost of remedying the breach.
(sec.178-ssec.3) Also, the court may not award damages for breach of the obligation if the lessee proves that on or after the termination of the lease— the premises have been, or will be, demolished; or structural alterations have been, or will be, made to the premises that would result in the cost of remedying the breach being of no value or of insufficient value to justify the cost.
- (a) the amount, if any, by which the value of the reversion is diminished by the breach;
- (b) the amount of the actual cost of remedying the breach.
- (a) the premises have been, or will be, demolished; or
- (b) structural alterations have been, or will be, made to the premises that would result in the cost of remedying the breach being of no value or of insufficient value to justify the cost.