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Benchmark - Real Estate Cases & Commentary
Tenancy matters
    •  Rent
        - Review of rent
            >  "Anniversary" can mean period other than annually



"Anniversary" can mean period other than annually 

The word “anniversary” when used in a lease (for example, “the rent is to be reviewed on the anniversary of the commencement of the lease”) can mean a period other than annually.

A local council was the owner of a caravan park at Queanbeyan. The caravan park was operated by a company as lessee. The lease was for a term of 20 years. The lease provided that the rent was to be reviewed the first three years rental “at the anniversary of the commencement date” of lease. The local council and the caravan park operator disagreed as to whether this required an annual rent review or a rent review every three years.

The Court considered that the word “anniversary” when read in the context of the whole of the lease provided for a rent review every three years, not annually.

Queanbeyan City Council Crown Reserves Reserve Trust v Marellen Pastoral Co Pty Limited [2009] NSWSC 1101