Robert Hay KC Blog

Retail Leases Act 2003

  • Lessor’s purpose for demolishing leased building is irrelevant

    Leases commonly permit a landlord to terminate a lease if the landlord intends to demolish the building located on the leased premises. Section 56 of the Retail Leases Act 2003 (Vic) implies terms into a retail premises lease that provides for the termination of lease on the grounds that the building is to be demolished.

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  • Parties can agree to higher standard than that imposed by s.52 of Retail Leases Act

      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 52 of the Retail Leases Act 2003 implies into a “retail premises” lease an obligation on landlords to maintain “in a condition consistent with the condition of the premises when

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  • No easy answers to whether premises are “retail premises”

    It is often difficult to determine whether premises are “retail premises” within the meaning of s 4 of the Retail Leases Act 2003 Act. Section 4(1) provides that “retail premises” means premises that: “under the terms of the lease relating to the premises are used, or are to be used, wholly or predominantly for –

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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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