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Property Law

Lease or Agreement to Lease?

Though they may appear to be the same thing at first glance, a lease and an agreement to lease are two separate documents with differing objectives; it is therefore important to be familiar with what their differences are. We provide a brief and simple breakdown of...

In Your Lease – Don’ts

‘In Your Lease’ is an ongoing series where our resident lease experts offer their thoughts on common issues that arise when negotiating a lease or an extension to lease. This issue examines three common obligations found in Agreements to Lease and outlines...

5 Interesting Things about Leasing

 A franchise agreement can be caught by the Retail & Commercial Leases Act (“Act”) In order for an Agreement to be a “retail shop lease” it must: 1.1        Be “for value”- that is, the payment of rent or a fee is essential; 1.2        Grant or agree to grant a...

Landlords may now charge land tax to the tenant

The Full Court of the Supreme Court has determined when a landlord of a retail shop lease can seek payment of land tax as an outgoing from a tenant. When the Retail and Commercial Leases Act 1995 (the Act) applies to a lease it exempts tenants from the payment of land...