Leases

“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”

“ Seven days before entering into a lease section 6 of the Commercial Tenancy (Retail Shops) Agreements Act 1985 requires a landlord to provide to a tenant: A disclosure statement ”

“ Prospective lessors and lessees may agree to enter a lease agreement at some time in the future, when particular conditions have been met. Such an agreement may be enforced in equity particularly if partly performed. Laserbem P/L v Gainsville Investments P/L [2004] VSC 62 ”

“ Lessor's rights under the lease As the lessor generally prepares the lease, it usually creates rights in favour of the lessor by requiring the lessee to covenant to do, or not do, certain things and empowering the lessor to enforce those covenants. A lessee will normally covenant: ”

“ Overview The Residential Tenancies Act 1987 and its associated regulations apply to most residential tenancy agreements. From 1 July 2013 all written tenancy agreements must be done using the Residential tenancy agreement. The Residential Tenancies Regulations 1989 prescribe the form of several ... ”

“ A lease is fundamentally a contract and the normal rules of privity of contract apply. But as a lease also relates to real estate, rights arising from property law may therefore result in the lease affecting more than just the parties to the original contract. Those property rights may be ... ”

“ Disputes commonly arise in shopping centres in relation to relocation, exclusivity, fit-out requirements, turnover rental, promotion funds and signage. For other shops, shared parking and repairs and maintenance are often the cause of argument. Old air conditioning units that constantly malfunction ... ”

“ The lessee’s ‘right to quiet enjoyment’ of the leased premises is the right to possession of the premises, free of interruption from the lessor or any other person. It is the lessee’s principal right under the lease and is created by the lessor covenanting with the lessee to pass quiet enjoyment. ... ”

“ Surrender of lease Surrender by agreement ”

“ The lease or agreement to lease is not valid as against any existing mortgagee or other secured party unless prior consent to the registration has been given: s 91 Transfer of Land Act 1893. Unless the proposed lessee ensures the freehold mortgagee’s consent to the lease, the lessee is vulnerable ... ”

“ Payment of duty The Stamp Act 1921 was replaced by the Duties Act 2008, which introduced a new duties regime. Stamp duty had already been abolished on leases first executed on or after 1 January 2004. Under the Duties Act if no consideration (i.e. a premium) is paid for the grant, transfer, ... ”

“ Normally the lessor arranges for preparation of the lease, preparation costs are borne by the landlord: s 14B Section 9(2)(b)-(c) of the Commercial Tenancy (Retail Shops) Agreements Act 1985 limits the lessee’s liability for preparation costs to the fair and reasonable expenses of the landlord in ... ”

“ Leases in Western Australia are not required to be registered, but those which exceed 3 years may be registered. Leases of less than 3 years duration cannot be registered. A lease or agreement to lease is not valid as against any existing mortgagee or other secured party unless prior consent to the ... ”

“ Written leases are customarily prepared in duplicate so both the lessor and lessee hold a ‘copy’. The lease forms the basis of the lessee’s right to possess the property and to prove that right he is entitled to hold the original lease. The lessor is entitled to retain the certificate of title to ... ”

“ When finalising a matter it is important to terminate the retainer. This informs the client in writing that all work on the matter is complete and that no further work will be undertaken unless the firm is otherwise instructed. If the matter is finalised in such a way that the client retains rights ... ”

“ Taking good instructions The use of precedent Retainer Instructions ensures that all important issues are considered, instructions which cannot be contradicted later are recorded, costs discussed and the scope of the retainer clearly defined. ”

“ Seven days before entering into a lease section 6 of the Commercial Tenancy (Retail Shops) Agreements Act 1985 requires a landlord to provide to a tenant: A disclosure statement ”

“ Prospective lessors and lessees may agree to enter a lease agreement at some time in the future, when particular conditions have been met. Such an agreement may be enforced in equity particularly if partly performed. Laserbem P/L v Gainsville Investments P/L [2004] VSC 62 ”

“ Lessor's rights under the lease As the lessor generally prepares the lease, it usually creates rights in favour of the lessor by requiring the lessee to covenant to do, or not do, certain things and empowering the lessor to enforce those covenants. A lessee will normally covenant: ”

“ Overview The Residential Tenancies Act 1987 and its associated regulations apply to most residential tenancy agreements. From 1 July 2013 all written tenancy agreements must be done using the Residential tenancy agreement. The Residential Tenancies Regulations 1989 prescribe the form of several ... ”

“ A lease is fundamentally a contract and the normal rules of privity of contract apply. But as a lease also relates to real estate, rights arising from property law may therefore result in the lease affecting more than just the parties to the original contract. Those property rights may be ... ”

“ Disputes commonly arise in shopping centres in relation to relocation, exclusivity, fit-out requirements, turnover rental, promotion funds and signage. For other shops, shared parking and repairs and maintenance are often the cause of argument. Old air conditioning units that constantly malfunction ... ”

“ The lessee’s ‘right to quiet enjoyment’ of the leased premises is the right to possession of the premises, free of interruption from the lessor or any other person. It is the lessee’s principal right under the lease and is created by the lessor covenanting with the lessee to pass quiet enjoyment. ... ”

“ Surrender of lease Surrender by agreement ”

“ Payment of duty The Stamp Act 1921 was replaced by the Duties Act 2008, which introduced a new duties regime. Stamp duty had already been abolished on leases first executed on or after 1 January 2004. Under the Duties Act if no consideration (i.e. a premium) is paid for the grant, transfer, ... ”

“ Normally the lessor arranges for preparation of the lease, preparation costs are borne by the landlord: s 14B Section 9(2)(b)-(c) of the Commercial Tenancy (Retail Shops) Agreements Act 1985 limits the lessee’s liability for preparation costs to the fair and reasonable expenses of the landlord in ... ”

“ Leases in Western Australia are not required to be registered, but those which exceed 3 years may be registered. Leases of less than 3 years duration cannot be registered. A lease or agreement to lease is not valid as against any existing mortgagee or other secured party unless prior consent to the ... ”

“ Written leases are customarily prepared in duplicate so both the lessor and lessee hold a ‘copy’. The lease forms the basis of the lessee’s right to possess the property and to prove that right he is entitled to hold the original lease. The lessor is entitled to retain the certificate of title to ... ”

“ When finalising a matter it is important to terminate the retainer. This informs the client in writing that all work on the matter is complete and that no further work will be undertaken unless the firm is otherwise instructed. If the matter is finalised in such a way that the client retains rights ... ”