Latest Property Law posts

Bank Guarantees: Does a landlord have unrestricted access?

Property Law

Is a landlord entitled to call on a bank guarantee if they claim in good faith that there was a breach? Or, does there need to be an actual beach for the landlord to exercise their entitlement? Landlords need to ensure that their lease does not require an actual breach in order to exercise their entitlement to call on the bank guarantee. If a landlord calls upon a bank guarantee without any right to do so, they may become liable to the tenant for damages.

Looking to sell? Amendments to disclosure obligations for vendors

Property Law

To ensure that you avoid difficulty when looking to sell, it is crucial that a solicitor prepare your Contract and Vendor's Statement. They can ensure that you comply with your disclosure obligations and that any Contract entered into is valid and binding. Further, any documents prepared before the introduction of the new requirements should be recalled and amended as necessary to ensure compliance.

When exercising an option, clarity is king!

Property Law

Does this statement equal an enforceable exercise of option by a Tenant: "We write to advise you of our intention to exercise our lease option for a further 6 year period"? You might be surprised to find that the answer is no! Read here for more details.

Can tenants now avoid Essential Safety Measures costs?

Property Law

As a Landlord, it is essential to ensure that your rights to claim essential Safety Measures Costs are clearly included in your Lease and that you comply with your essential Safety Measures Obligations as they arise so that you do not trigger the terms of the Building Act.

What happens when a commercial tenant goes broke?

Property Law

Quite often commercial tenants are companies. What happens if your commercial tenant is experiencing financial difficulties or if they have a liquidator or administrator appointed? As a Landlord, you cannot simply terminate the lease. So what can you do? We outline three broad categories of insolvency that may be applicable to a commercial tenant as a company. Read here for more information.

Overholding: New lease or old?

Property Law

If a retail premises lease contains an overholding clause, its effect will depend on the conduct of both the Landlord and the Tenant once the original lease expires. However, where a Tenant exercises an option to renew, the circumstances will be different.

My retail tenant is selling its business. What are my obligations?

Property Law

In selling its Business, your Tenant will need to arrange for a Transfer of the Lease of the Premises from him/her/it to the Purchaser of the Business. As Landlord, your key consideration is whether to consent to such a transfer. Without consent, the Purchaser will have no right to use the Premises and, if the Tenant has already transferred the Business to the Purchaser, then the Tenant would be in breach of the Lease.

Retaining a lawyer for conveyancing when selling a property

Property Law

In selling your Property, you are not only dealing with a substantial asset, but you are also going to enter into a very valuable Contract with a party you probably have never met or dealt with. Given this, your rights should be properly protected from the many risks and dangers not only from the nature of the transaction but also from any actions of the Purchaser or their solicitors/conveyancers. A solicitor is best placed to give you this protection and peace of mind.

Picking up the pieces of a broken contract

Property Law

When a Tenant breaches their lease, all appropriate losses incurred by the Landlord should be claimed from the Tenant to ensure that the Landlord is fully returned to the same position the Landlord was in prior to the breach.

You've been served! (Or have you?)

Property Law

What happens when both the Landlord and the Tenant are late in complying with their obligations for exercising an option for a further term? Accredited Property Law Specialist Andre Ong looks at the case of Xiao v Perpetual Trustee Company Limited [2008] VSC 412.

A valid market rent review?

Property Law

When market rent reviews in Leases are undertaken, the determination as to the new rent will generally be final. However, this might not be so when the review has been completed in a manner inconsistent with the wording of the Lease.

Dangers in including vendor content in sales brochures

Property Law

What is your liability to the Purchaser if your Vendor client has given you a diagram or content you use in your marketing that turns out to be wrong? Be aware of what representation you make when handing brochures or other documents to the Purchaser and ensure that you have suitable disclaimers in place to protect you.

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Property Law

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Latest Property Law posts

Bank Guarantees: Does a landlord have unrestricted access?

Property Law

Looking to sell? Amendments to disclosure obligations for vendors

Property Law

When exercising an option, clarity is king!

Property Law

Can tenants now avoid Essential Safety Measures costs?

Property Law

What happens when a commercial tenant goes broke?

Property Law

Overholding: New lease or old?

Property Law

My retail tenant is selling its business. What are my obligations?

Property Law

Retaining a lawyer for conveyancing when selling a property

Property Law

Picking up the pieces of a broken contract

Property Law

You've been served! (Or have you?)

Property Law

A valid market rent review?

Property Law

Dangers in including vendor content in sales brochures

Property Law

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