Robert Hay KC Blog

Greens List

  • AirBnB guests occupied apartment under a lease

    VCAT recently held that a tenant had not breached a lease by permitting users of AirBnB to stay in the tenant’s apartment. The landlord argued that the tenant had breached the lease by subletting the apartment in breach of the lease. The landlord sought possession of the apartment. The cornerstone of a lease is that

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  • Unfair term provisions provide tenants with a new weapon

    Tenants with less than 20 employees will soon have a new weapon in disputes with landlords as a result of amendments to the Australian Consumer Law: they will be able to challenge a term in a lease that is  “unfair”. The legislation effecting the changes, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms)

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  • Landlords likely to consider gross leases

    Today I commented on an advisory opinion given by the President of VCAT, Justice Garde, in which His Honour decided that: (a)    a landlord could not recover from a tenant the costs of complying with essential safety measure requirements imposed on the landlord under the Building Act 1993 and its regulations; (b)  a landlord

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  • Second Notice to Complete Revives Terminated Agreement – Contract Sale of Land

    A vendor who has terminated a contract for the sale of land should be wary of serving a second notice to complete because the second notice revives the agreement that has been terminated. In Rona v Shimden [2005] NSWSC 818 a vendor under a contract of sale claiming to have terminated the contract, gave notice

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  • Beware lodging caveat ‘without reasonable cause’

    There is a translation key(widget) on the mirrored blog for ease of reading for non English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/   Section 118 of the Transfer of Land Act 1958 and s.74P of the Real Property Act 1900 (NSW)  provide for payment of compensation to

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  • Media Presentation By Robert Hay

    Re-entry and Relief from Forfeiture in Commercial Leases  Robert Hay  – Greens List   My  clerk can be contacted via this link http://www.greenslist.com.au/       https://www.youtube.com/channel/UCnZ52SbIPsHnEz74tK8ikRg

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  • Can a landlord pass to the tenant the costs of complying with the Building Act?

    I recently presented a short paper at the Law Institute of Victoria’s Property Law Conference on the topical question of :   “Whether a landlord can recover from a tenant the costs of complying with the Building Act”   The paper is attached for your download ease.   Property Law Conferencer ( August 2012)(3)

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  • The fog is beginning to clear

    There is a translation key (widget) on the mirrored blog for ease of reading for non-English speaking members of the public or professionals. The mirrored blog can be found at http://roberthaybarrister.blogspot.com.au/     Section 52 of the Retail Leases Act 2003 implies into a lease a term that the “landlord is responsible for maintaining in a condition consistent

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