Legal Updates

Leasing

Spruiking a New Development – What Not to Do

If you lease commercial properties, this is a reminder that any representations made to a tenant about a premises must be able to be substantiated. If not, you could find yourself in hot water, as this case reveals. The Facts In 2006, a Victorian mother and son decided to abandon their respective careers as a…

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What constitutes a fixture – and who owns it?

An argument over medical equipment recently threw a spotlight on the sometimes blurred line between fixtures, chattels and ownership, and why these things should be articulated in a lease. The Facts Cortez Enterprises Pty Ltd (the Landlord) owned a substantial private medical centre. The centre contained a surgical hospital, a radiology and nuclear imaging service,…

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Calling on a Bank Guarantee

A recent Victorian decision has further clarified when a Landlord can call on a bank guarantee – and it’s a good news story for Landlords. A lease of a commercial property had come to an end. A dispute arose as to whether the Tenant had properly made-good the premises and whether they were liable to…

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Avoid ambiguity when an option to renew is exercised

Ambiguity was at the heart of a recent Victorian ruling which considered the effectiveness – or otherwise – of a tenant’s notice to exercise an option to renew a lease. Background Prior to the expiry of a retail shop lease, the tenant wrote to the landlord’s agent, stating: “We write to advise you of our…

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On-selling Electricity – new laws commence

Landlords, do you on-sell electricity to your tenants?  Property managers, do you on-sell electricity to tenants on behalf of landlords? If you answer yes to one of these questions, laws commencing on 1 February 2013 place new requirements on you. What is happening? If you on-sell electricity to tenants, you will need to register with…

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