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. 6 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 Chloe to continue her practice. With the on-going noise and the failure of her business Chloe is now suffering a nervous disorder. Had she known there was going to be building work next door she would not have leased the premises.
Chloe 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 Chloe for breach of contract.
Chloe comes to you for advise. She wants to sue the Burnside Council. Will she be successful?
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