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 […]
MoreIf you are a business owner currently renting a business premises you should give serious consideration to buying your own business premises, according to commercial lawyer ROBERT STARKE.
MoreGenerally the sale of a commercial building attracts Goods and Services Tax (GST) on the sale price. However, GST is avoided if the commercial property is sold as a “going concern”. Under the act governing GST, A New Tax System (Goods and Services Tax) Act 1999, a supply of a going concern occurs when a […]
More A tenant’s option to renew their lease is a significant right, and one that should be handled carefully, according to commercial leasing lawyer, DEAN FRITH. Usually the terms for exercising an option are construed strictly by landlords, and failure to comply with any requirements for exercising the option may be relied upon (and often are) […]
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