Leasing and Property Newsletter – June 2017
Published on May 29, 2017 by Alex Collie, Matthew Rafferty and Paul Carroll
In this edition our team report on the following topics:
1) The obligations of the soon-to-be expanded Commercial Building Disclosure Program;
2) A wrap up of recent tribunal decisions regarding retail leasing in NSW and Victoria.
The Carroll & O’Dea Leasing and Property Team
How green was my building? The Commercial Building Disclosure Program
On 1 July 2017, the minimum size that certain commercial office spaces need to before falling under the Commercial Building Disclosure (CBD) Program will reduce from 2000 square metres to 1000 square metres, meaning that many more spaces up for lease or sale will now be subject to its obligations. But what are those obligations and what does a lessor or vendor need to know about this scheme?
Paul Carroll, Partner
Alex Collie, Lawyer
City Convenience Stores Pty Ltd v Third Lafite Pty Ltd (No 2) [2017] NSWCATAP 90 and City Convenience Stores Pty Ltd v Third Lafite Pty Ltd [2016] NSWCATAP 254
These cases analyse a landlord’s attempt to avoid the effect of section 6A of the Retail Leases Act (NSW) by terminating a short term licence without recovering possession of the premises. There was a real threat of a five year lease at a low rent- if the tenant elected to take that. That did not occur, but the attempt to avoid section 6A failed and cost the landlord $80,000.
Matthew Rafferty, Partner
Christian v Paradyce Pty ltd [2017] VCAT 631
In this case, a hairdresser seeks damages from losses caused by the noisy exhaust system in the restaurant premises next door. The landlord does not own the premises next door, so is not liable under quiet enjoyment or under the Retail Leases Act (Vic) to prevent the nuisance.
Matthew Rafferty, Partner
