Given gloomy economic forecasts for 2009, we are likely to see
more situations where some tenants may wish to cease operations
either temporarily or permanently. Situations will arise where some
tenants fail to pay rent or meet other obligations. Landlords and
tenants must be aware of the legal ramifications of their next
steps. This Alert sets out for landlords and tenants typical issues
that arise and pitfalls to be avoided.
Rights And Obligations Under The Lease Triggered On
Default – Leases usually contain a default and
remedies section, but there are also covenants and rights
throughout the lease that could be relevant. For example,
administrative charges for late or non-payment of rent, as well as
the interest rate on overdue rent are usually included in the rent
clause rather than the default clause....
Specific Questions relating to this article should be addressed directly to the author.
A new law (the "Law") which will affect every existing homeowners association ("HOA"), and those formed hereafter, was signed by Governor Strickland on June 10, 2010.
On 22 July, the Scots Inner House dismissed the appeals in City Inn v Shepherd Construction, some ten years since the action was commenced and some two and a half years since the decision given by the Outer House, a decision which rocked the delay analysis community at the time and has continued to create doubts in particular over the proper approach to dealing with concurrent delay when assessing claims for extension of time (EoT) under JCT-style contracts.
The decision of the Inner House in City Inn v Shepherd Construction delivered on 22 July is important for its treatment not only of the extension of time clause in JCT style contracts but also of a time bar clause.
Very few in the hotel industry will be unaware of the recent problems affecting the Banyan Tree Al Areen resort in Bahrain (which we understand may be rebranded as "Al Areen Palace and Spa" subject to receipt of necessary approvals).
Over several months in 2007-2008, the Supreme Judicial Court (SJC) issued nine decisions under Chapter 40B, the Commonwealth’s affordable housing law—more cases than it had decided in the prior decade.
The Ministerial Regulation regarding the Common Town and City Planning for the beach front and adjacent areas in the Kok Gloy and Tai Muang Communities in the Phang Nga Province has been proclaimed and published in the Government Gazette, and is effective for five years from 3 July 2010 to 2 July 2015.
The Building Energy Efficiency Disclosure Act 2010 (Cth) (the Act) commenced on 1 July 2010. Introduced as part of the Federal Government's National Strategy on Energy Efficiency, the Act places obligations on owners and landlords of large commercial office spaces to disclose energy efficiency information to purchasers and tenants
Up to 30 June 2010, the registration fee payable to the Land and Property Management Authority (previously the Land Titles Office) for the transfer of a property in New South Wales - residential, commercial or rural - irrespective of the purchase price was $190.
