Priority 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...
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 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 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‘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 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 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 ArticleClik here to view.
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 ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
Valuers must furnish detailed reasons for rental determinations under Retail...
Valuers determining the “current market rent” rent under leases concerning retail premises must ensure that the valuation: contains “detailed reasons” for the determination; and “specify the matters to...
View ArticleClik here to view.
Unfair term provisions provide tenants with a new weapon
Tenants with less than 20 employees will soon have a new weapon in disputes with landlords as a result of amendments to the Australian Consumer Law: they will be able to challenge a term in a lease...
View ArticleClik here to view.
Hopeless proceeding can result in a cost order under Retail Leases Act 2003...
The weakness of a party’s case in a retail tenancy dispute can be taken into account in determining whether or not it has “conducted” a “proceeding in a vexatious way” that would entitle the other...
View ArticleClik here to view.
Landlords likely to consider gross leases
Today I commented on an advisory opinion given by the President of VCAT, Justice Garde, in which His Honour decided that: (a) a landlord could not recover from a tenant the costs of complying with...
View ArticleClik here to view.
Landlord cannot recover essential safety measure costs or the costs of...
Landlords cannot require tenants under retail premises leases to undertake and pay for the work that a landlord must perform to comply with the essential safety measure requirements contained in the...
View ArticleClik here to view.
“Profits method” of rental valuation does not breach s.37 of Retail Leases...
The question of whether the “profits method” of determining rentals for hotel premises contravenes s.37(2) of the Retail Leases Act 2003 (Vic) has finally been determined by the Supreme Court of...
View ArticleClik here to view.
Tenants should dispute rent nominated by landlord within time period...
Tenants should dispute the rent specified by a landlord at a rent review date within the time specified by the lease. Dire consequences can follow if the time periods are ignored . The rent review...
View ArticleClik here to view.
Lessor’s purpose for demolishing leased building is irrelevant
Leases commonly permit a landlord to terminate a lease if the landlord intends to demolish the building located on the leased premises. Section 56 of the Retail Leases Act 2003 (Vic) implies terms into...
View ArticleClik here to view.
“Claw back” of lease incentives thrown into doubt
Landlords often offer incentives to a tenant to encourage the tenant to enter a lease. Common incentives are rent free periods and contributions to the fit out. The logic behind the inducement is that...
View ArticleClik here to view.
Rent reviews – mandatory or at the landlord’s discretion?
The issue of whether a lease requires a rent review or whether the review is at the discretion of the landlord often arises. The problem can avoided by clear drafting. In Growthpoint Properties...
View Article
/pic9814888.png)
/fit-in/580x348/filters:format(webp)/english-betterindia/media/media_files/2026/09/17/balaghat-3-2026-09-17-18-46-40.png)
