by actionproperty | Aug 30, 2021 | Leases & Rentals, Valuation Matters
A Qld Supreme Court has ruled a Valuers Determination invalid for not properly interrupting the requirements of the Lease concerning the meaning of “immediate vicinity”,” suburb or town”. This case highlights the preference for Valuers to seek advice where such...
by actionproperty | Jan 12, 2021 | Leases & Rentals
An Appeal Court has confirmed that a ‘retail premises lease’ cannot cease to be a retail lease even if the initial criteria that qualified it as falling under the legislation, may change during the term of the lease. Key issues included the annual occupancy cost...
by actionproperty | Mar 22, 2020 | Leases & Rentals, Property Disputes
A lease dispute involving Melbourne’s famous Hopetoun Tea Rooms in the iconic Block Arcade is yet another reminder of perils associated with lease incentives. Whilst this was a complicated involving other matters, the VCAT Tribunal essentially followed the 2014 Qld...
by actionproperty | Jan 22, 2019 | Leases & Rentals, Property Disputes, Resumption & Compensation
A neighbourhood supermarket business at Murrumba Downs was decimated by resumption roadworks and claimed for compensation. After lower courts ruled YES-NO-YES, the High Court finally said NO. The courts considered the applicable provisions of the Land Title Act 1994...
by actionproperty | Feb 20, 2018 | Leases & Rentals
The potential catastrophic consequences of Lessees providing personal Directors guarantees has again been highlighted in an instance where the owners of a failed fresh fruit and vegetables retail shop were ordered to pay $3.5m. The shopping centre Lessor agreed to...
by actionproperty | Jun 23, 2017 | Leases & Rentals, Valuation Matters
W.A.L.E. is a relatively new benchmark adopted by the Australian property investment industry. Obviously, it’s not a mammal, so what does it mean? Simply put, it is yet another benchmark by which to compare investment property value. The Property Council of...
