Miller v Turner

In *Miller v Turner*, the New South Wales Court of Appeal considered a dispute between a landlord, Mr. Miller, and his tenant, Ms. Turner, concerning the landlord's right to enter the leased premises. The central issue was whether the landlord was entitled to enter the property for the purpose of carrying out repairs and maintenance, despite the tenant's objection.

The Court was required to determine the scope of a landlord's right of entry under the terms of the lease agreement and relevant legislation, specifically the *Landlord and Tenant (Amendment) Act 1948* (NSW). The primary legal question was whether the landlord's proposed entry constituted a trespass or was a lawful exercise of rights granted by the lease and statute.

The Court held that the lease agreement contained a clause granting the landlord the right to enter the premises for the purpose of inspecting, repairing, or maintaining the property, provided reasonable notice was given. The Court found that the tenant's refusal to allow entry, even for necessary repairs, was unreasonable and constituted a breach of the lease. The legal principle applied was that a landlord's right of entry for legitimate purposes, as stipulated in a lease and permitted by statute, will generally be upheld, and a tenant cannot unreasonably obstruct such access.

The Court of Appeal allowed the landlord's appeal, finding that he was entitled to enter the premises to carry out the necessary repairs. The tenant was ordered to permit the landlord access upon reasonable notice.