The OC signed a peppercorn lease with developer to allow him to lease our common property goods lift to the retail sector in my mixed-use development .
Retail already have 2 other lifts. The OC told everyone moving in and out that we don’t have a loading zone.
My complaint to council triggered them to inspect and issue Breach notices. Is it possible for an owner to make a case for Compensation for the past 7 years of being forced to load from the streets to the foyer though a single glass door?
Is it possible to trigger a cancellation of that lease. The owner sold his interest in the retail sector 2 years ago.
You’d have to look at the terms of the lease to see if they were unreasonable or in breach of some other regulation. Regarding compensation, your fist battle would have to be to quantify the “loss” and that would keep you and your lawyers busy for months.