Quiet Enjoyment: It’s More Than Just Noise
8 July, 2015 by
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…]
Commercial Property: Retail Landlords to Pay!
17 June, 2015 by
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…]
Contaminated Land: Is it Buyer Beware?
29 April, 2015 by
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…]
Commercial Leases: Goodbye to Claw-back Provisions?
4 March, 2015 by
LANDLORDS WHO PROVIDE lease incentives to tenants (including fitout contributions, rent free periods and rent abatement periods) often attempt to secure themselves by requiring tenants to repay the incentives.
They usually request this in the event the lease is terminated due to the tenant’s default. [Read more…]
Is This Really The End of Paper Titles?
22 October, 2014 by
IN 2008, THE AUSTRALIAN COUNCIL OF AUSTRALIAN GOVERNMENTS (COAG) prioritised the implementation of a national electronic Conveyancing (e-Conveyancing) system. The system will render all property transfers paperless and introduce a uniform national scheme.
Property Exchange Australia Ltd (PEXA) was created in 2010 to provide online infrastructure. PEXA owns the rights to all previous e-Conveyancing software and will create a single point of access across all jurisdictions. [Read more…]
When is a Bank Guarantee NOT Guaranteed?
3 September, 2014 by Leave a Comment
YOUR TENANT’S OBLIGATION to pay rent, care for the premises and abide by the provisions of the lease is usually secured by your right (as the landlord) to terminate the lease and recover possession.
In reality, this does little to remedy the financial loss suffered by a landlord, as a result of a breach by the tenant. [Read more…]
FIRB Approval for Commercial Property
2 July, 2014 by Leave a Comment
YOU SHOULD BE CAUTIOUS when entering into negotiations with foreign purchasers for the sale of property, due to the restrictions imposed by the Foreign Investment Review Board (“FIRB”).
Vendors should ensure that the contract of sale protects them when approval is required by the FIRB. Because, if the purchaser fails to gain approval, the FIRB can reverse the transaction. [Read more…]
More About Consent for Lease Assignments
2 April, 2014 by Leave a Comment
IN PART1, we considered assignment in the context of where the lease prohibits assignment absolutely or where the tenant cannot assign without the landlord’s consent (to be withheld in its absolute discretion).
This article considers assignment when the landlord cannot unreasonably withhold its consent. [Read more…]
Landlord’s Consent for a Lease Assignment
26 March, 2014 by Leave a Comment
AS A COMMERCIAL PROPERTY landlord you have certain rights.
However, your ability to refuse consent to a lease assignment will depend on several factors.
