Blog

When is a property landlord ready, willing and able to settle the sale? lease property purchasing property selling property supreme court May 29, 2023

If there are ever any delays with completion (or settlement) of a property sale, the party seeking to recover a remedy against the other party must show that as at the original settlement date, ït was "ready, willing and able" to settle.  If it wasn't, then it cannot seek...

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Considerations when requesting a retail landlord's consent to assignment of the lease business landlord lease property retail lease retail leases act tenant Oct 11, 2022

 If you are a retail tenant, and you wish to sell your business (and assign your lease to the business purchaser), or for any other reason, you wish to assign or transfer your lease to another party, then depending on the terms of your lease, you may need to obtain the prior consent of the...

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Can a landlord recover unpaid components of rent even though the invoices were incorrect? business lease outgoings supreme court Mar 17, 2022

Commercial landlords should ensure that invoices issued to tenants for rent and outgoing amounts include:

  • the correct GST component
  • any rent increases that are entitled to be charged
  • all outgoings that are entitled to be charged.

The invoices should also be issued in a timely manner and in...

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Silence and a handwritten amendment to a retail lease disclosure statement australian consumer law business disclosure statement landlord lease misleading and deceptive conduct nsw civil and administrative tribunal (ncat) property retail lease retail leases act tenant Aug 11, 2021

It is imperative for both landlords and tenants that whenever a retail lease is being negotiated, any required amendments to terms of the lease that remain to be negotiated are brought to the other party’s attention so that they can be negotiated, and the documents amended to...

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Retail landlords - know your obligations under the Retail Leases Act business landlord lease property retail leases act supreme court tenant Oct 27, 2020

There are special rules that apply to commercial leases that fall within the definition of being a “retail lease”.  Under the Retail Leases Act 1994 (NSW), landlords must, amongst other things, comply with strict deadlines for providing various notices to their...

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The landlord's responsibility to recover outgoings in a timely manner business commercial lease lease outgoings promissory estoppel property restitution Aug 19, 2020

The responsibility for the payment of the costs of the water usage and electricity for a Kirrawee commercial property was the subject of a dispute dealt with by the District Court in 2017 – AAP Engineering Pty Ltd v Fernlog Pty Ltd [2017] NSWDC 141.

The tenant, Fernlog, leased a...

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Leasing and current market rent commercial lease lease property purchasing property valuation Mar 18, 2020

Does your retail or commercial lease provide for an increase with reference to a current market rent? We often have clients who approach us before they renew their lease, concerned about the increase of their rent, and unsure as to their rights regarding the valuation of a “current market...

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Is your Heads of Agreement certain enough to be enforceable? business business agreements heads of agreement lease Nov 07, 2019

A Heads of Agreement (also known as a Memorandum of Understanding (MOU) or Letter of Intent (LOI)) is a document outlining the proposed agreement between the parties to it. There are a number of commercial situations where a Heads of Agreement will be commonly prepared between the parties –...

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When can (and can’t) a retail landlord withhold consent to a proposed lease assignment? business commercial lease lease property retail lease Oct 03, 2018

Commercial and retail leases typically contain a provision allowing the tenant to transfer (assign) the lease to another tenant. The need or desire to transfer the lease can arise in a number of different circumstances – most usually where the incoming tenant is purchasing from the outgoing...

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Why you need to know about outgoings business lease outgoings property Nov 01, 2017

What are outgoings?

Outgoings are expenses incurred by the landlord arising out of its ownership of the premises.

Typical outgoings include:

  • Taxes fees and charges – e.g. Council rates, water rates, land tax
  • Day to day costs – e.g. cleaning, garbage collection
  • Maintenance and repair...
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Do you know how to exercise your option to renew your lease? business commercial lease lease lease renewal property retail lease Mar 16, 2017

Commercial leases typically are for a fixed initial term of, say, 3 or 5 years, with an “option to renew” period of a further 3 or 5 years.  The lease document will note the specific dates within which you must exercise your option to renew the lease.  Usually the date range...

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Be wary of your landlord's financial status when signing the lease commercial lease industrial lease lease property Aug 31, 2014

It is not uncommon for a landlord to make extensive investigations into a tenant’s financial situation, to minimise the risk that the tenant will fall into financial hardship and not be able to pay the rent.

But what if the landlord suffers financial hardship?  What then are...

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