News

DUE DILIGENCE DEBACLE

A damages award of $1.127m has been set aside on a principle of law concerning duty of care after a purchaser relied on a Council issued defective town planning certificate that contained wrong zoning and real property description. The circumstances and initial... read more

NEW RULES FOR RETAIL SHOP LEASES

The Retail Shop Leases Act 1994 (Qld) legislation was overhauled 25 November 2016, ten years since the last revision, with numerous amendments that will have significant impact on lessors, lessees, legal advisers, leasing /managing agents and specialist retail... read more

AirBnB SUB-LETTING BREACHES LEASE

This case generated widespread interest in the media and property community.  The Court’s decision clearly established a general principle that a short-term AirBnB stay CAN be a lease in breach of the Residential Tenancies Act without the written authorisation from... read more

LEASE BREACH VOIDS OPTION

A lessee was refused exercise of option after it was deemed to have breached lease terms and conditions. An Appeal Court overturned an earlier decision after considering issues of unauthorized underletting, failure to keep the premises clear of termites, CPI rent... read more

RENTAL DETERMINATION VOID

This rental dispute highlights that tenants and landlords cannot contract outside the law (Retail Shop Leases Act Qld), even with agreement between the parties to a particular procedure. The parties to a Surfers Paradise restaurant shop lease were unable to agree on... read more

LEASE INCENTIVE CLAWBACK VOID

The dangers of Incentive Deeds separate from a Lease have been highlighted by a recent $1.2M claim against Lease guarantors. A legal firm leased office premises November 2010 at a rental just under $800K pa, but by mid 2013 the premises were abandoned and the firm in... read more