by actionproperty | May 9, 2015 | Leases & Rentals
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...
by actionproperty | Dec 3, 2014 | Leases & Rentals
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...
by actionproperty | Dec 6, 2013 | Leases & Rentals
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...
by actionproperty | May 30, 2012 | Leases & Rentals
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...
by actionproperty | Jul 16, 2011 | Leases & Rentals
Surrender or Extension were the key arguments when a large Surfers Paradise centre owner was unsuccessful in pursing a former Lessee owner of a newsagency premises that were assigned to a subsequent purchaser of the business. This matter involved complex legal issues...
by actionproperty | May 1, 2010 | Leases & Rentals
The Qld Supreme Court of Appeal unanimously overturned a lower decision, ruling a Lessee (Aust Post) was in breach of lease conditions concerning sub-letting and works without approval. The matter covers a range of connecting issues including permitted use, related...
