Robert Hay KC Blog

Greens List

  • Property Law ( Sale of Land) – Everything must be in writing

    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/   It is extraordinary how often lawyers overlook the cardinal rule when dealing with land: anything intended to have legal effect must be in writing. See:…

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  • Section 52 – when is the lease “entered into”?

    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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  • When is the rent paid?

    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/   Disputes often arise about whether the tenant has paid the rent by the due date in accordance with the lease. The problem usually arises where a…

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  • What is the tenant to do if the landlord unreasonbly withholds consent to an assignment?

    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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  • Distress for rent

    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   Section 12 has been repealed.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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  • Tenant’s fixtures

    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…

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