Robert Hay KC Blog

Lease

  • New edition of Commercial Tenancy Law

    The long awaited fourth edition of the leading text on leasing law, Commercial Tenancy Law, will be published in mid December 2017 by LexisNexis.  The authors of the fourth edition are Justice Croft, Robert Hay QC and Luke Virgona of the Victorian Bar.  The third edition was published in 2009. As was the case with the third…

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  • Content of default notices under s27 of Retail Leases Act

    At general law the question of whether a tenant has validly exercised an option for a further term depends upon whether the tenant has met the conditions contained in the lease for the exercise of the option. The general law has been altered by the Retail Leases Act 2003. Section 27(2) provides that: ” If…

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  • Retail Leases Act 2003 (Vic) likely to apply where tenant provides a service

    Where a tenant provides services from leased premises in accordance with the permitted use the lease is likely to be a “retail premises lease” and therefore governed by the Retail Leases Act 2003 (Vic). In every case it is necessary to identify precisely the service being provided, consider what activity is permitted under the lease…

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  • Controversy resolved – but more tenants under 15 year leases lose protection of Retail Leases Act 2003 (Vic)

    Leased premises that are “retail premises” within the meaning of s.4(1) of the Retail Leases Act 2003 are excluded from the operation of the Act where the lease term is 15 years or longer and other conditions are met. See: ss.5(1)(c) and 4(2)(f) and the Ministerial Determination dated 23 August 2004. The Ministerial Determination has…

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  • 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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