Leasing and Property Newsletter – March 2019
Published on March 12, 2019 by Gillian Kirwan, Matthew Rafferty and Paul Carroll
In this edition our team report on the following topics:
- 10 Principles of Demolition Notices in NSW
- Termination of a lease by the landlord with 3 days’ notice
- Are you meeting your obligations under the Retail Leases Act (NSW) 1994 to disclose and report on your marketing levies?
Matthew Rafferty
Partner
Charlie Bridge Street Pty Ltd v Petrazzuolo BC201900622 [2019] NSWCATCD 1
The NSW Civil and Administrative Tribunal (Tribunal) recently found that a clause in a lease requiring 14 days’ notice of termination was contrary to s129(8) of the Conveyancing Act 1919 (NSW) and that the legislation cannot be excluded by the parties. The Tribunal found in favour of the landlord in this case which dealt with the re-entry by the landlord of premises and termination of the lease for failure to pay rent giving only 3 days’ notice.
Gillian Kirwan
Lawyer
Paul Carroll
Partner
Deanne Methven
Special Counsel