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Searching Content indexed under Landlord & Tenant - Leases by Madgwicks ordered by Published Date Descending.
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1
Valuer and Retail Leases Update – Leases can fall out of the operation of the Retail Leases Act 2003 (Vic.)
Where the rent and outgoings of the lease exceed $1 million, the Retail Leases Act 2003 (Vic.) does not apply.
Australia
8 Aug 2019
2
Valuer and retail leases update – non-recovery of outgoings if estimate not given
Article advises property managers regarding providing statements of anticipated outgoings in accordance with s46 of the RL Act.
Australia
6 Aug 2019
3
Valuer and Retail Leases Update – Quarries in Victoria now retail leases
A recent VCAT decision determined that granting a lease for a quarry was governed by the Retail Leases Act 2003 (Vic).
Australia
25 Jul 2019
4
Holding a tenant's goods for failing to pay rent an expensive mistake for landlord
The Victorian County Court recently held that a landlord cannot hold a tenant's goods until outstanding rent is paid.
Australia
18 Jul 2019
5
Valuer and Retail Leases Update – Relief against forfeiture
A tenant usually has the right to have a terminated lease reinstated, if the breach is remedied with any extra charges.
Australia
15 Jun 2019
6
Landlords to carefully consider what is included in a lease as a landlord installation
If a landlord leases plant and equipment to a tenant, it is responsible for repair and maintenance or total replacement.
Australia
27 May 2019
7
Valuer and Retail Leases Update – Landlords should carefully consider what is included in a lease as a landlord installation
This recent case found that a landlord needed to undertake repair and maintenance of items that were leased to a tenant.
Australia
18 May 2019
8
Valuer and Retail Leases Update – Can you make a lease a retail lease?
Whether or not a lease is a retail lease is a matter of law and parties cannot make a lease retail simply by agreement.
Australia
18 May 2019
9
The case of a dispute over air conditioning that made it all the way to the Victorian Supreme Court
Special conditions in leases must be carefully drafted so that landlord and tenant are both aware of their obligations.
Australia
12 Apr 2019
10
Valuer and Retail Leases Update – Sub-letting and consent
With respect to subletting, the relevant clause only stated that the landlord could not unreasonably withhold consent.
Australia
11 Apr 2019
11
Valuer and Retail Leases Update – Premises deemed not to be retail premises
Premises producing health supplements were not retail premises, merely because the tenant sold the products online.
Australia
8 Feb 2019
12
Valuer and Retail Leases Update – Failure by landlord to repair air-conditioning deemed to be a breach of the lease
If the lease provides that the premises are air-conditioned, the landlord has an obligation to provide air-conditioning.
Australia
10 Jan 2019
13
Valuer and Retail Leases Update – Landlord responsible for a leaking roof
This recent decision makes it clear that a leaking roof in a building is likely to be a landlord's responsibility to fix.
Australia
19 Dec 2018
14
Valuer and Retail Leases Update – failure by landlord to repair air-conditioning allows tenant to terminate lease
VCAT rules procrastination or non-performance by landlord to remedy air-conditioning was grounds for termination of lease.
Australia
28 Nov 2018
15
Valuer and retail update – another valuation set aside
Recent decision highlights that a valuer must be very careful in reviewing the market rent review clause in a lease.
Australia
3 Oct 2018
16
Valuer and retail leases update – Difficult to refuse consent to assignment of lease
This case looks at implications for landlords when determining whether to withhold consent to an assignment of a lease.
Australia
6 Aug 2018
17
Lay of the Land: Property Tax Update: New leasing standard set to have large commercial impact
Companies and their directors must become informed in relation to the new standards to meet their regulatory obligations.
Australia
1 Aug 2018
18
Repudiation reminder: Terminating a lease on the basis of repudiation
If you attempt to terminate on the basis of repudiation, it could be difficult to prove that repudiation has occurred.
Australia
6 Jul 2018
19
Valuer and retail leases update – Supplementary reports by valuers
Valuers need to exercise extreme caution in providing a follow-up or supplementary valuation for the landlord or tenant.
Australia
5 Jul 2018
20
Valuer and retail leases update: Refresher on when the Act applies to a renewal of a lease
A renewal of the lease creates a new lease as a matter of law and for the purposes of the Retail Leases Act 2003.
Australia
17 May 2018
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