Chloe is a naturopath practitioner whose business is steadily picking up. Recently she has been thinking
of opening a meditation studio in the leafy suburb of Burnside. She found a perfect place but before
signing the 2 year lease with the landlord, she went to the Burnside Council to check if there were any
building works scheduled to happen close to her intended premises as she needed a quiet environment
for her meditation practice.
She spoke to the person sitting in the front desk attending to general enquiries and told him about her
business and that she wanted to check before signing the 2 year lease. The council officer checked on the
computer to see if there were any planning approvals close to Chloe’s intended studio. While doing this he
was called away to attend to another matter. Upon returning to his desk, he has a cursory glance at the screen
and said “it should be fine”. Chloe signed the 2 year lease. 4 months after opening her business, big heavy machineries arrived at the
property next door. When Chloe asked the workmen what was happening, she was told that they were doing
a major renovation next door including knocking down a few walls.
The noise made it impossible for Ellen to continue her practice. With the on-going noise and the failure of
her business Ellen is now suffering a nervous disorder.
Ellen has moved out of the premises and stopped paying rent. She wants to get out of her contract with her
landlord as she is now no longer able to continue her practice. The landlord is threatening to sue Ellen for
breach of contract.
Advise Ellen as to what she can do?
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