Tenant
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The issue of whether a lease requires a rent review or whether the review is at the discretion of the landlord often arises. The problem can avoided by clear drafting. In Growthpoint Properties Australian Limited v Austalia Pacific Airports [2014] VSC 556 the court had to decide whether a rent review was mandatory under 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/ Courts have traditionally treated an interlocutory application to restrain the calling upon or use of money secured by a bank guarantee or other performance bond as being
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Re-entry and Relief from Forfeiture in Commercial Leases Robert Hay – Greens List My clerk can be contacted via this link http://www.greenslist.com.au/ https://www.youtube.com/channel/UCnZ52SbIPsHnEz74tK8ikRg
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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 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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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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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/ Section 52 of the Retail Leases Act 2003 implies into a lease a term that the “landlord is responsible for maintaining in a condition consistent
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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
