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Property & Business Law

Landlord’s installations are usually described in a Lease. Some Landlord’s believe providing various installations in retail premises may lead to better rent or make it easier to lease the premises to the next tenant. They may also believe the Tenant must maintain, repair and replace them given the…

In certain cases, a Landlord can terminate the Tenant’s lease and change the locks to prevent the Tenant re-entering leased premises if rent is overdue.   In some cases when this occurs the Tenant’s belongings remain in the Premises. A Landlord’s natural reaction might be to prevent the Tenant…

The decisions in IMCC Group (Australia) Pty. Ltd. v. CB Cold Storage Pty. Ltd. (“the Cold Storage case”) which started at VCAT and ended in the High Court in December 2017 could have major ramifications for existing leases between Landlords and Tenants and alter their respective obligations…

As a Landlord you might think that only your Tenant or a person you consent to occupying your premises can do so. Not so according to the recent VCAT decision of Swan v. Uecker. In that case the Landlord leased her apartment to Barbara Uecker and Michael Greaves for a period of 12 months. After the…

It is rare that a Tenant observes all its obligations under a Lease as and when required by the Lease. Often a Landlord wants to evict the Tenant. A Landlord evicting a Tenant under a Lease must do so lawfully. Failure to do so means the Landlord and/or its agents may be liable for:- •Conversion •…

The rights and obligations of a Landlord and Tenant depend upon what a property is used for. Owners of properties for lease usually consider their property is either residential or commercial. A recent ruling by the Victorian Civil and Administrative Tribunal (VCAT) has decided that premises used…