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AirBnB guests occupied apartment under a lease
VCAT recently held that a tenant had not breached a lease by permitting users of AirBnB to stay in the tenant’s apartment. The landlord argued that the tenant had breached the lease by subletting the...
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Controversy resolved – but more tenants under 15 year leases lose protection...
Leased premises that are “retail premises” within the meaning of s.4(1) of the Retail Leases Act 2003 are excluded from the operation of the Act where the lease term is 15 years or longer and other...
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Retail Leases Act 2003 (Vic) likely to apply where tenant provides a service
Where a tenant provides services from leased premises in accordance with the permitted use the lease is likely to be a “retail premises lease” and therefore governed by the Retail Leases Act 2003...
View ArticleContent of default notices under s27 of Retail Leases Act
At general law the question of whether a tenant has validly exercised an option for a further term depends upon whether the tenant has met the conditions contained in the lease for the exercise of the...
View ArticleNew edition of Commercial Tenancy Law
The long awaited fourth edition of the leading text on leasing law, Commercial Tenancy Law, will be published in mid December 2017 by LexisNexis. The authors of the fourth edition are Justice Croft,...
View Article‘Ultimate consumer test” remains one of the indicia of the retail provision...
The CB Cold Storage and IMCC Group saga has ended. This morning the High Court of Australia refused the landlord’s application for special leave to appeal. The consequence is that the Court of Appeal’s...
View ArticleRetail premises leases can “jump out” of the Retail Leases Act
Can a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) cease to be a “retail premises lease” during its term? That long-standing question has finally been resolved....
View Article“Jumping out” the Retail Leases Act – a clarification
Today I posted an article about Verraty Pty Ltd v Richmond Football Club [2019] VCAT 1073. I have had queries about paragraph (i) where I said: “where the commencing rent under a new lease does not...
View Article“Retail premises leases” cannot jump out of the Retail Leases Act 2003
The Supreme Court of Victoria has ruled that a lease that is a “retail premises lease” (within the meaning of s.11 of the Retail Leases Act 2003) when it is entered into cannot cease to be such a lease...
View ArticlePriority between mortgagee and lessee
Where an owner of land is struggling to pay loans secured over the land it is not uncommon for the owner to enter into a lease with a related party in an attempt to avoid losing control of the land...
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