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When property is purchased in joint names and one party dies the question of whether the proprietors held the land as joint tenants or tenants in common invariably arises. The answer is significant because if the parties were joint tenants the whole of the land remains with the surviving joint tenant. The law concerning joint tenancies
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The Registrar of Titles has been criticised by the Court of Appeal for its conduct in a proceeding brought by a plainiff under s.110 of the Transfer of Land Act 1958. Section 110 provides, among other things, that a person who sustains loss or damage by reason of an amendment of the Register is entitled to
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Does a landlord’s failure to comply with its obligations under s.52 of the Retail Leases Act 2003 to maintain premises in “a condition consistent with the condition of the premsies when the retail premises lease was entered into” constitute repudiatory conduct? This issue was raised in C & A Delaveris Pty Ltd v Bretair Pty Ltd [2009]VCAT 1663 [28], [79] and
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In Retail Leases Victoria (Croft and Hay, LexisNexis) expressed the view (at para [70,005]) that a repair obligation imposed on a tenant that went beyond the obligation imposed on a landlord under s.52 of the Retail Leases Act 2003 would not be void under s.94 on the basis that it was contrary to or inconsistent with s.52. The
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Yesterday I posted a blog stating that the new Part 2D of the Fair Trading Act 1999 (Vic) would commence on 1 September 2011. Part 2D is contained in s3 of the Consumer Affairs Legislation Amendment (Reform) Act 2010 (Vic). Section 2(4) of that Act refers to the detault start date of 1 September 2011. However, s 22 of
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On 1 September 2011 the law governing goods left on leased premises following the termination of a lease will be governed by Part 2D of the Fair Trading Act 1999. Part 2D replaces the repealed ss.42A to 42F of the Landlord and Tenant Act 1958. Part 2D applies to “goods under bailment” (s.32ZS(1)). A landlord is not
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Section 52 of the Retail Leases Act 2003 implies into a retail premises lease a term that: “The landlord is responsible for maintaining in a condition consistent with the condition of the premises when the retail premises lease was entered into – (a) the structures of, and fixtures in, the retal premises lease; and (b)
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At common law a tenant may not set-off a damages claim against a landlord’s claim for rent (Meagher, Gummow & Lenane’s Equity Doctrines and Remedies, 4th ed, para [37,045], p1056). However, a tenant may claim an equitable set-off provided that the tenant’s equity “impeaches” the landlord’s title to the demand for rent. See: British Anzani
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A quirk in s.64 of the Retail Leases Act 2003 has caused some excitement. recently. Section 64 applies where a retail premises lease does not have an option to renew the lease for a further term. At least 6 months and no more than 12 months before the lease term ends the landlord must give
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In general a contractual provision that requires a party in breach of contract to pay or foreit a sum of money is unlawful as a penalty unless such provison can be justified as being a payment of liquidated damages being a genuine pre-estimate of the loss which the innnocent party will incur by reson of
