A recent decision of the Supreme Court of NSW has clarified certain important aspects of the legislation enacted to address the effects of the COVID-19 pandemic on commercial leases and will provide welcome guidance to landlords and tenants in NSW trying to navigate those laws. The COVID-19 rent relief package was announced by the […]
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Following on from one of the worst fire seasons in living memory many Australians have at the front of their minds the issue of fire safety. Often (and rightfully) this is in the context of what can one do as a home owner to better protect their home and loved ones. But the tragedy of […]
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It is important for all parties to understand their obligations before entering into a lease. The Retail Leases Act 1994 (NSW) seeks to ensure that the important information is at hand before entering into a retail lease. Generally, a lease will fall within the definition of a Retail Lease for the purposes of the Act […]
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A recent decision of the Supreme Court of NSW in respect of a Lease highlights once again the necessity to ensure that in any negotiations enquiries are made and satisfactory responses received to ensure that the party with whom you are dealing has authority to enter into and conclude negotiations. In the case in question […]
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It is a very common provision in commercial and retail leases that a tenant is required to “make good” the leased premises at the end of the lease or upon vacating the property. It is important for tenants when entering into a lease to make sure they understand their make good obligations and to seek […]
More It is a common point of contention in commercial and retail leases as to who is responsible for the installation, replacement, maintenance and/or repair of necessary fire safety fittings and fixtures in the tenanted premises. There are a number of fire safety measures that must be maintained in all commercial properties (for example: smoke detectors, […]
More A recent case in the Supreme Court of New South Wales highlights care that administrators and lessors of properties need to take when considering the terms of any Deed of Company Arrangement. In the case in question, a company was in voluntary administration. A Deed of Company Arrangement was entered into and the terms of […]
More We are all familiar with the difficulty that is sometimes faced when a tenant does not observe the terms of a lease particularly in the area of maintenance and repair of the leased premises. It is less frequent to encounter a situation where a tenant complains that a landlord has not maintained the premises in […]
MoreThe question of whether or not to offer an option period on a Lease is often underestimated by Lessors during the negotiation of a new Lease. Many Lessors consider the decision on the basis of “How long do I want this property rented for?” when, in reality, the question should be “Is providing an option […]
More It is a common point of contention in commercial and retail leases as to who is responsible for the installation, replacement and/or repair of necessary fire safety fittings and fixtures in the tenanted premises, writes commercial lawyer DEAN FRITH. It is generally understood in the property industry that these obligations fall to the tenant, but […]
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