AS A COMMERCIAL PROPERTY landlord you have certain rights.
However, your ability to refuse consent to a lease assignment will depend on several factors.
Insider Tips to Help You Discover How to Succeed with Commercial Property
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From a very early age, Chris always sought to discover whatever the RULES might be for each situation – so he could quickly figure out how to master them. And from there, he has continued helping clients achieve their own Commercial Property success.
Read MoreAS A COMMERCIAL PROPERTY landlord you have certain rights.
However, your ability to refuse consent to a lease assignment will depend on several factors.
A RECENT CASE in the Queensland Civil Administrative Tribunal (QCAT) has brought the laws governing cooling-off periods into sharp focus. And the ability of vendors to retain termination fees where contracts are terminated was challenged.
While the laws relating to cooling off periods differ in each state, this article will discuss the general principles of cooling off periods … and what you need to be aware of when seeking to exercise your rights. [Read more…]
THE LANDMARK DECISION of Willmott has recently been upheld by the High Court. The decision confirms that a liquidator has the ability to disclaim a lease, meaning that the tenant will no longer hold a leasehold interest in the land.
In our article published in September last year, a case summary was provided of the Victorian Supreme Court of Appeal decision. This article will focus on the reasons provided by the High Court. [Read more…]
IN THE CONVEYANCING stage, before settlement, the vendor and purchaser adjust the purchase price to deal with the following matters:
WHILE THIS MAY have be written from a Tenant’s perspective … the message is equally valuable for Landlords, owning Commercial investment property.
Many landlords, tenants (and legal practitioners for that matter!) do not appreciate the significance of a default clause in a commercial lease that deals with the non-payment of rent. [Read more…]
A LANDMARK DECISION by the Court of Appeal of the Victorian Supreme Court means that a landlord’s liquidator can now disclaim a tenant’s lease — meaning that you, the Commercial tenant, no longer hold a leasehold interest in the land.
Case: In the Matter of Willmott Forests Ltd (in liquidation) [2012] VSCA 202 (‘Willmott’)
The facts can be summarised as follows: [Read more…]
A significant number of our clients have been purchasing property in Victoria — despite them living all around Australia. If you have already (or are about to) purchase within the State — then read on, to find out if the recent land zoning changes could affect you.
REFORMS TO THE VICTORIAN residential, commercial and industrial planning zones have come into operation in recent months.
The changes have resulted in the replacement of the business zones, introduction of the new commercial and residential zones, and amendments to the industrial zones. [Read more…]
ENVIRONMENTAL CONTAMINATION is fast becoming a contentious issue in the 21st century. As such, it is not surprising this is becoming one of the key factors in property transactions.
All aspects of contamination and compliance with environmental laws have emerged as an issue in negotiations between vendors and purchasers.
Generally speaking, a vendor will aim to sell a property ‘as is, where is’. Accordingly, the vendor’s preference would be for the purchaser to rely on its own enquiries; and therefore, buy the property in its present state of repair.
This would mean the purchaser buys the property subject to any pre-existing contamination, or non-compliance with environmental laws. [Read more…]
TO DIE “Intestate” is to die without having made a Will. That means the distribution of your estate would then be in accordance with the law, and potentially against your wishes.
And that’s because, without a Will to provide a clear allocation of your assets and property … estates are divided according to the applicable state or territory legislation.
The legislation provides for the distribution of an estate in light of considerations such as … whether the deceased leaves any partners, children, living parents, brothers, sisters, or children of brothers and sisters. [Read more…]
WHEN YOU EMBARK on your journey as a property investor, it can be overwhelming – with a flood of information and diverse opinions. To help simplify the process, here are five essential tips for new (and seasoned) investors.
IT DOES NOT MATTER whether you’re an investor or an owner-occupier, there are several important factors to consider when purchasing a commercial property to ensure you make the right choice.
In a previous article, I shared a handy App to assist you in shortlisting potential properties. If you haven’t already downloaded it, simply click on the HiReturn Filter over on the right, to install it on your tablet or mobile device.
THERE IS A BELIEF among many experts that a surge in the stock market typically precedes a recovery in the commercial property market by about six months. And the start of this year saw equity markets gaining some momentum.
I HAVE BEEN ASKED countless times about the secrets to a successful negotiation. And I want to share with you the key elements to help make your negotiations effective.
But first, just watch this short video to gain a quick understanding of these three essential elements that form the foundation of every negotiation.
If you’re new to investing, you might be wondering if it’s possible to manage your own commercial property. The short answer is “yes”, but only if you know what you’re doing.
It’s important to note that owning a commercial property comes with certain legal responsibilities, particularly when it comes to compliance with Essential Services requirements under current Building Regulations.
The current trends in the business have made it clear that office landlords have to cater to the needs and preferences of their tenants. Building owners and managers (who understand and meet these demands) will be able to command higher rents and reduce vacancy rates.
To expand on this, here are four key tips to help attract quality tenants.
WHETHER YOU ARE an investor or an owner-occupier, there are important factors to consider when purchasing a commercial property.
In a previous article, I mentioned a helpful App to assist in shortlisting potential properties.
Hopefully, you will quickly realise this is not a website for self-promotion.
Rather, everything here has been put together to provide you (as a serious Investor) with the very best insights into what you need to know ... in order for you to succeed with your Commercial property investing.
You see, the deeper your access is to all the key information and the more expert opinions you can learn from ... the more likely your ultimate financial success will be.
That said, you will discover everything you need right here – both readily available, and all in one place.
All the very best ... Chris.
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