Quiet Enjoyment: It’s More Than Just Noise

Quiet-Enjoyment

QUIET ENJOYMENT IS a right held by all tenants to enjoy their property undisturbed.

Most lease agreements come with a specific clause granting tenants quiet enjoyment, however, courts have readily implied the right into leases not containing such a provision.

In assessing whether a breach has occurred, the court will look to the activities of the tenant and whether they have been rendered practicably impossible to use the premises. [Read more…]

Negotiating is a Learned Skill

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Negotiation

IT WOULD BE FAIR TO SAY I’ve lost count of the number of times people ask me about the secrets for a Successful Negotiation.

And so, you might care to watch this short Video … to gain a quick understanding of the three Key Elements which underpin every negotiation.

Because, once you know how to Negotiate … this will provide you with your ultimate Passport to Success. [Read more…]

Commercial Property: Retail Landlords to Pay!

Derelict-Building

THE VICTORIAN CIVIL and Administrative Tribunal has given an opinion at the behest of an application from the Victorian Small Business Commissioner.

President Garde determined that compliance costs under the Building Act 1993 (Vic) (Building Act) and repair and maintenance costs under the Retail Leases Act 2003 (Vic) (Retail Leases Act) are the responsibility of landlords and cannot be recovered from tenants. [Read more…]

Be Fully Aware of Your Commercial Property Deductions

WITH THE RECENT federal government announcement that small business owners are entitled to claim an immediate write-off for items worth up to $20,000, many commercial property owners may be wondering about what deductions they are entitled to. [Read more…]

Buy Commercial Property Without Loan Guarantees

commercial-loans

WITH YIELDS ON commercial properties getting tighter, one way of achieving better yields is to pool with other investors to purchase a property that may be out of each individually.

Or in other words, form a property syndicate. [Read more…]

Contaminated Land: Is it Buyer Beware?

Contamination

ALL AUSTRALIAN STATES AND TERRITORIES have (somewhat varied) legislation dealing with land contamination. There are some important concepts applicable to every state and territory.

Many actions may be contrary to environmental protection laws, but sites classified as contaminated have to meet specific criteria.

This means that mere pollution does not necessarily equate to land contamination. [Read more…]

ATO Agrees Estimates Are Acceptable

ATO-Estimates

FROM TIME TO TIME, the Tax Office will provide Rulings on various aspects — designed to assist practitioners and their clients, and generally simplify proceedings. [Read more…]

To Fix or Not to Fix Your Commercial Loan Rate?

Fixing-your-rate

WITH BOTH SHORT AND LONGER term fixed rates currently at historical lows, discussions around fixing rates for commercial loans has increased markedly.

This article will focus on the major factors that should be taken into account when considering whether or not to fix a loan against a commercial investment property. [Read more…]

Tax Deductions for Medicos

JUST WHAT the Doctor ordered — a healthy deduction!

Did you know that Doctors can save thousands of dollars each year by claiming property depreciation? Let’s provide a quick recap on things.

What is depreciation?

As a building gets older and items within it wear out, they consequently depreciate in value. [Read more…]

Divorce and Your DIY Fund

Divorce+DIY

MANY MARRIAGES END in divorce and the many members of Australia’s self managed superannuation funds (SMSFs) are not immune to this heartache.

As there are more than 1 million SMSF members nationwide, it should come as no surprise that the assets of an SMSF are often the next big ticket item after the marital home in any family law settlement.

Good outcomes can be generated for both parties with a little communication and compromise.

Let’s work through a case study using a Commercial property held within an SMSF and tenanted by the associated business of one of the SMSF beneficiaries. [Read more…]

8 Key Steps in Acquiring Commercial Property

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8-Steps

FOR SOME INVESTORS, the question is: “Where do I start?” And that’s a reasonable question — when buying Commercial property is not your mainstream activity.

So, let’s quickly dissect the process … [Read more…]