Tag Archives: lease

ILN Today Post

What happens when a lease doesn’t say how to calculate rent after renewal?

Leases often contain options to renew the lease between the landlord and tenant provided that specific conditions are met.  Options to renew can be worded in a variety of ways, but what may seem to be small semantic differences can have a dramatic difference in the meaning a court places on a particular clause.

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What you need to know about changes to the Retail Leases Act now in effect

Changes to the Retail Leases Act 1994 (NSW) (RLA NSW) have come into force from 1 July 2017, following a quiet 13-year period without any amendments to the act. Both landlords and tenants of retail premises in New South Wales will be impacted – here are some key changes they must know:

Lessor’s Disclosure Statements

We see the introduction of section 12A, which provides:

  • That a lessee is not liable to pay any amount to the lessor regarding any outgoings unless the liability to pay the amount was disclosed in the lessor’s disclosure statement for the lease.That where a cost estimate has been provided, and the estimated amount is less than the actual amount – if there was no reasonable basis for the estimate when the lessor’s disclosure statement was given, then the lessee’s liability for any payment will be determined on the estimate and not the actual amount.
  • That where a cost estimate has been provided, and the estimated amount is less than the actual amount – if there was no reasonable basis for the estimate when the lessor’s disclosure statement was given, then the lessee’s liability for any payment will be determined on the estimate and not the actual amount.
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ILN Today Post

Lease or licence – why you should care

It is common for heads of terms to refer to a licence to use or occupy a property when the agreed terms would actually be construed as a lease. The two terms are bandied around and often used interchangeably; knowing the difference is key to avoiding lengthy and costly proceedings which go hand in hand with any disputes. Case law has taught us that labelling a document as a licence does not mean that it isn’t a lease. If certain elements (e.g. exclusive possession) are present then the document will technically be a lease with all the considerations that go with this.

 

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ILN Today Post

Alterations

A lot of time, energy and concentration is spent by tenants settling heads of terms and negotiating the lease when they first look to take a new lease. But, as the needs of tenants vary and change throughout their lifecycle, tenants often need to adapt the property they are trading from. They need increasing flexibility from their leases and properties to be able to run their business as efficiently and seamlessly as possible.

In this article we will be looking at possible ways that a tenant may consider adapting their properties to meet changing business needs, whilst staying within the agreed terms of the lease.

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Brug af forældet typeformular ændrede ikke lejekontraktens gyldighed

§11 i typeformularen, der anvendes som lejekontrakt ved privat boligudlejning, er som udgangspunkt individuelle bestemmelser og kræver ikke fremhævelse eller autorisation.

Af Torsten Viborg Pedersen

En udlejer havde anvendt en forældet typeformular. Højesteret fandt ikke, at dette gjorde bestemmelserne i §11 i lejekontrakten ugyldige. En forkert henvisning til en bestemmelse i reglerne om fri lejefastsættelse var uden betydning for gyldigheden af aftalen om fri lejefastsættelse (Højesteretsdom 23.juni 2015 285/2013). 

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