Landords
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There is a translation key(widget) on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/ Section 60 of the Retail Leases Act 2003 prescribes when a landlord can withhold consent to a proposed assignment of a retail premises lease. The most significant provision is sub-section 60(1)(b)
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There is a translation key(widget) on this blog for ease of reading for non-English speaking members of the public or professionals. http://roberthaybarrister.blogspot.com.au/ Lawyers acting for tenants often fail to advise their clients about the burden of the repair obligations imposed by the lease during the term of the lease and the “make good”
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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/ Landlords need to be very careful about what they say when negotiating leases because s.243 of the Australian Consumer Law provides a wronged tenant with
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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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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/ When premises are sold the question often arises as to whether a tenant can enforce covenants contained in the lease against the new owner? At common
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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 is proving to be a difficult provision to apply. Section 52 implies into a retail premises lease a
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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/ Where a landlord refuses consent to an assignment of the term of the lease the tenant’s usual remedy is to seek a declaration that the
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Section 12 of the Landlord and Tenant Act 1958 provided that distress for rent was abolished on13 August 1948. Section 12 has been repealed. The purpose of s.12 was not to abolish distress for rent but to make it clear that distress for rent had been abolished. Practitioners should be aware that the
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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 28(2) of the Landlord and Tenant Act 1958 has been repealed. Section 28(2) provided that: “If any tenant holding lands by virtue of any lease
