Case Note: Are fixtures installed by a Tenant on leased premises the personal property of the Tenant? Our Property Law team reviews a recent case with relevance to AWF Prop Co 2 Pty Ltd v Ararat Wind Farm Pty Ltd [2020] VSC 853.
Buying a house is often the most significant investment an individual will make. The decision to invest or buy into a Retirement Village should be taken with equal care and consideration as such a step can impact future lifestyle options and financial security.
Buying and selling a property can be both an exciting and stressful time. We have prepared a checklist for both buying and selling a property to assist you with understanding the processes involved to ensure that your sale or purchase is as smooth as possible.
The new rental laws aim to set minimum standards for rental properties in Victoria and clarify the rights and responsibilities of both tenants and landlords. The new residential tenancy laws will encapsulate all stages of the end to end rental process, from before the rental agreement is signed, right until the agreement comes to an end. This includes repairs and modification to rooming houses, long term leases, notices to vacate and pet ownership.
On 22 September 2020, the Retail Leases Amendment Act 2020 (Vic) came into force. The Amendment Act created new rights and obligations to important retail leasing processes governed by the Retail Leases Act 2003 (Vic) (“the Act”). It is imperative that both landlords and tenants are aware of these key changes to avoid any consequences and loss of entitlements regarding their existing leases and new leases. This article summarises these changes and will focus on the new process for further lease terms.
It is quite common for both the Landlord and the Tenant to enter into a Lease with the best of intentions, where both parties mutually can benefit. However, circumstances can change. What can a Landlord do if a Tenant stops paying rent or breaches other fundamental terms of the Lease? Andre Ong, Accredited Specialist (Property Law) summarises a Landlord's options.
When selling property in Victoria, many sellers may be used to terms such as ‘Section 32’ or ‘Vendor’s Statement’. Usually, your legal representative will assist you with the preparation of this document in anticipation of your sale. It is important to note however that the Contract may be rescinded by a Purchaser if an adequate Vendor’s Statement is not provided to them at the time of sale (noting the obligations under section 32K of the Sale of Land Act 1962 (Vic)).
