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Leases

March 17, 2022 By Melissa Bush

Can a landlord recover unpaid components of rent even though the invoices were incorrect?

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 … [Read more...] about Can a landlord recover unpaid components of rent even though the invoices were incorrect?

Filed Under: Business, Leases Tagged With: business, Lease, outgoings, Supreme Court

August 11, 2021 By Melissa Bush

Silence and a handwritten amendment to a Retail Lease Disclosure Statement

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 … [Read more...] about Silence and a handwritten amendment to a Retail Lease Disclosure Statement

Filed Under: Business, Consumer Law, Leases, Property, Small Business Tagged With: Disclosure Statement, Lease, Misleading and deceptive conduct, NCAT, retail lease, Retail Leases Act

October 27, 2020 By Melissa Bush

Retail landlords – know your obligations under the Retail Leases Act

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 … [Read more...] about Retail landlords – know your obligations under the Retail Leases Act

Filed Under: Business, Leases, Property Tagged With: landlord, Leases, lessee, lessor, Licence, Property Law, Retail Leases, Retail Leases Act, Supreme Court, tenant

August 19, 2020 By Melissa Bush

The landlord’s responsibility to recover outgoings in a timely manner

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 … [Read more...] about The landlord’s responsibility to recover outgoings in a timely manner

Filed Under: Leases, Property Tagged With: Breach of Contract, commercial lease, Jones v Dunkel, outgoings, Promissory estoppel, Restitution

March 18, 2020 By Shire Legal

Leasing and Current Market Rent

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 … [Read more...] about Leasing and Current Market Rent

Filed Under: Leases, Property Tagged With: Commercial Leases, Rights of the tenant, Valuation

March 5, 2020 By Shire Legal

BANK GUARANTEE OR SECURITY BOND

What is the best option when leasing commercial properties? It is now standard practice when acting for landlords in commercial leasing, to request some kind of security from the tenant, typically … [Read more...] about BANK GUARANTEE OR SECURITY BOND

Filed Under: Leases, Property Tagged With: Bank Guarantee, Breach, Cash Bond, Commercial Leases, Contract, Fair Trading, Security

December 18, 2019 By Shire Legal

DO I HAVE A RETAIL LEASE?

The key criteria to consider if you think you are entering into a Retail Lease Retail Leases are governed by the Retail Leases Act 1994 (NSW) (‘the Act’) and are subject to different laws and … [Read more...] about DO I HAVE A RETAIL LEASE?

Filed Under: Leases, Property Tagged With: Disclosure Statements, Retail Leases, Retail Leases Act 1994, Retail Tenancy

November 7, 2019 By Melissa Bush

IS YOUR HEADS OF AGREEMENT CERTAIN ENOUGH TO BE ENFORCEABLE?

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 … [Read more...] about IS YOUR HEADS OF AGREEMENT CERTAIN ENOUGH TO BE ENFORCEABLE?

Filed Under: Business, Business agreement, Leases Tagged With: Alternate Dispute Resolution, Contract, Enforceability, Heads of Agreement, Legally Binding, Mediation, Restitution

October 3, 2018 By Melissa Bush

When can (and can’t) a retail landlord withhold consent to a proposed lease assignment?

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 … [Read more...] about When can (and can’t) a retail landlord withhold consent to a proposed lease assignment?

Filed Under: Leases, Property Tagged With: Assignment of Lease, In the matter of Bar Machiavelli Pty Ltd (Administrator Appointed) [2018] NSWSC 1395), NCAT, Retail Leases Act 1994 (NSW)

November 1, 2017 By Melissa Bush

Why you need to know about outgoings

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, … [Read more...] about Why you need to know about outgoings

Filed Under: Business, Leases, Property Tagged With: commercial lease, Disclosure Statement, outgoings, retail lease, Retail Leases Act 1994 (NSW)

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  • Home
  • About Us
    • Our Team
    • Testimonials
    • Fixed Fees
    • Information Sessions
    • Agency
    • Careers
  • Areas of Practice
    • Business
      • Selling a Business
      • Purchasing a Business
      • Leasing (Retail and Commercial)
      • Business Agreements
      • Franchising
      • Intellectual Property
        • Trademark Registration
        • Trademark Enforcement
        • Passing Off
      • Debt Recovery
      • Security of Payments
      • Employment
      • Bankruptcy
      • Insolvency
      • Business Succession
      • Competition and Consumer Law
    • Estates
      • Wills
      • Power of Attorney
      • Enduring Guardianship
      • Estate Planning
      • Deceased Estates
      • Estate Disputes
    • Property
      • Selling Property
      • Purchasing Property
      • Property Transfers and Refinances
      • Property Agreements
      • Certificate of Independent Legal Advice
      • Strata
      • Easements
      • Subdivision
      • Caveats
      • Leasing (Retail and Commercial)
      • Retirement Village and Aged Care Contracts
      • Co-ownership Agreements
    • Notary Public
    • Certificate of Independent Legal Advice
  • Blogs
  • Events
    • 2018 Drinks on the Terrace
    • 2017 Drinks on the Terrace
    • 2016 Drinks on the Terrace
    • 2015 Drinks on the Terrace
    • 2014 Drinks on the Terrace
  • Legal Health Checklist
  • Payments
  • Contact Us
  • BOOK AN APPOINTMENT