Both the NSW Civil and Administrative Tribunal and the Land and Environment Court commonly hear matters regarding dividing fence disputes between neighbours. The applicable legislation which … [Read more...]
LEASING & 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...]
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...]
AVOIDING ISSUES WITH LOAN AGREEMENTS BETWEEN FAMILY MEMBERS
Sergio Andres Chocron v Mina Onkoud [2019] NSWSC 1823 A property in North Parramatta was owned by Fabian and his wife, Mina, as tenants-in-common in equal shares. The plaintiff, Fabian’s brother, … [Read more...]
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...]
OFF THE PLAN CONTRACT REFORMS
New laws are expected to come into force on 1 December 2019 when the Conveyancing Legislation (Amendment) Act 2018 and Conveyancing (Sale of Land) Amendment Regulation 2019 commence. These impose … [Read more...]
JUST BECAUSE YOU DO, DOESN’T MEAN YOU CAN!
Just because you’ve always done it doesn’t mean you’re actually allowed to. When talking property, you would think that ownership and the right to access land would be clear cut, but quite often … [Read more...]
THE COURT’S POWER TO CREATE AN EASEMENT – AND THE REQUIREMENT NOT TO BE “FOOLISH, IRRATIONAL OR UNREASONABLE” IN THE PROCESS
A 2018 decision by the Supreme Court of New South Wales reinforces the fact that if there is an obvious encroachment on your property over a number of years, it cannot later be denied that an existing … [Read more...]
Your obligations regarding maintenance of the property you have just sold
Picture this – you advertised your property for sale, endured countless open houses and inspections, and finally, someone offered you a price which you accepted, contracts exchanged, and now the … [Read more...]
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...]
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