LEASE BREACH VOIDS OPTION

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...
RENTAL DETERMINATION VOID

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...
LEASE INCENTIVE CLAWBACK VOID

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...

LIQUIDATOR CAN INVALIDATE LEASE

The High Court has just confirmed that a Liquidator of an insolvent Lessor company has the ability to disclaim a lease agreement thus extinguishing Lessee rights. Tenants in this scenario may have their tenure reduced akin to an unsecured creditor. Implications are...

WHALE BOAT BREACHES QUIET ENJOYMENT

A dispossessed tenant has been awarded $100K in damages primarily from the obstruction of panoramic waterfront views over the Hervey Bay marina. The restaurant business declined significantly, the rent fell into arrears, and the landlord took possession. The decision...