Landlord holds unrepresented photographer to Arthur Street letter of intent loss

The letter of intent for the lease of a commercial building in Arthur Street’s art gallery precinct lasted barely a week before the tenant (more…)

Tenant struck by power charges: landlord denies option due payment breach

A Mackay shopping centre owner stood to gain more than $400,000 by denying the validity of a tenant’s exercise of option (more…)

Courtroom DIY ends badly for guarantor: Landlord unconvincing in re-lease mitigation attempt

A guarantor’s futile appeal last week has resulted in some useful pointers for landlords in often-raised commercial leasing issues: mitigation of loss and (more…)

Motel option exercised out of time: court upholds renewal based on owner’s conduct

The manner in which the landlord conducted a market rent review was the tipping point in favour of a mining town motel tenant being allowed a new five-year term after (more…)

Tenant abandons premises: landlord recovers rent to 2014

A recent shopping centre rent recovery action offers a useful demonstration of how loss of future rent is calculated where a lease is terminated (more…)

Rueful tenant gazumped in Queen St retail review: court pulls shades on second lease attempt

The collapse of negotiations over a prime Queen Street retail location – aired this month in the Supreme Court – illustrates once more the conundrum posed to landlords and leasing agents (more…)

Lease letter of intent lesson: Can landlord pull plug after pocketing payment?

Bathroom goods supplier, Highgrove – “the fastest-growing bathroomware company on the East Coast of Australia” – wanted to establish a showroom in Townsville (more…)

Ratchet rent reviews banned – opportunity for landlords going, going, gone

The uncertain fate of “ratchet” retail rent reviews has finally been decided – a law passed in parliament last week will soon come into effect – and it is not good news for landlords. (more…)

Tenant off the hook: landlords beware security risk in extending commercial leases

Landlords have received a sharp reminder that any agreement to extend the period of a lease can dilute their security position by releasing the responsibility of former lessees for rental arrears and other defaults sustained by their successors. (more…)

Lease update – floods, repairs, mortgagee consent, disclosure notices

Landlords must look to their leases to determine their rights when faced with tenants’ demands to repair flood damaged premises or where termination is threatened because of it. (more…)

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