Resolving Lease Disputes
Our civil & commercial litigation & dispute resolution lawyers can help you to resolve your commercial or retail shop lease dispute. Call us for expert advice.
Disclosure Statement by the Lessor
Disclosure Statement by the Lessor Lessor Disclosure Statement Requirement under s 22 Retail Shop Leases Act 1994 (Qld) (RSLA) Under s 22(1) of the RSLA the landlord/lessor is required to provide the tenant/lessee with a draft lease and disclosure statement containing the particulars prescribed by legislation. These documents must be given at least 7 days […]
Green Leases – Building Energy Efficiency Disclosure Act 2010
Green Leases – Building Energy Efficiency Disclosure Act 2010 This act was introduced in June 2010 to reduce carbon emissions and improve energy efficiency in commercial buildings by promoting the disclosure of information about their energy efficiency. It has implications for owners and tenants of commercial office buildings who offer to sell or lease, and […]
Lease Agreement
Commercial Lease Agreement, Retail Shop Lease Agreement A lease agreement is a contract between a lessee (or tenant) and a lessor (or landlord). Under a lease, the lessee is entitled to exclusive possession of the property being leased. Exclusive possession allows the lessee to exclude strangers and the lessor from the property. Leases are generally […]
Lessee’s Liability for Unauthorised Alterations to Leased Premises
Lessee’s Liability for Unauthorised Alterations to Leased Premises The High Court decision of Tabcorp Holdings Ltd v Bowen Investments Pty Ltd has clarified that Lessee’s will face liability for alterations to leased premises without the Lessor’s consent Facts Tabcorp Holdings Ltd (Tabcorp) was the lessee in an office building owned and leased by Bowen Investments Pty Ltd […]
Loss and Damages to be Claimed Following Breach of Contract/Lease
Loss and damages to be claimed following breach of Contract/Lease In a case decided by the High Court, Shevill v Builders Licensing Board, the Builders Licensing Board (BLB) (lessor) leased certain premises to Shevill (lessee). The terms of the lease provided that “if rent was unpaid for fourteen days or if the lessee was in breach of […]
Notice to Remedy Breach of Covenant
Commerical and Retail Shop Leases – Notice to Remedy Breach of Covenant Most leases provide the Lessor (Landlord) the right to seek the early termination of a lease due to a breach of covenant or breach of an essential term by the Lessee (tenant). The covenants of a lease vary from lease to lease in […]
Option to Renew a Commercial or Retail Lease
Options to Renew Leases – What are they? An ‘option to renew’ a lease refers to a right included in a commercial lease or retail shop lease which allows the current tenant an opportunity to call on a further or extended lease period. Where an option to renew is exercised a new tenancy will be […]
Powers of the Lessor Under s 107 Property Law Act 1974 (Qld) to Enter Premises
Powers of the lessor under s 107 Property Law Act 1974 (Qld) to enter premises Under s 107 of the Property Law Act 1974 (Qld), a lessor has powers to enter and view the property, enter and repair the property, enter and carry out requirements of public authority and repair under the lease and to re-enter and take possession […]
Ratchet Clauses and Compensation
What is a Rachet Clause? A ratchet clause is a contractual term, typically found in lease agreements, that stops rent from decreasing during a rent review. It ensures the rent either stays the same or rises, but never drops. This offers landlords consistent rental income and shields them from market changes that might result in […]