Subleases

The comprehensive guidance on subleases explores the complex legal framework governing tenant subletting arrangements under Australian property law. Practitioners must understand the nuanced relationships between landlords, tenants, and subtenants, and carefully navigate statutory and contractual obligations to mitigate risks. Topics Covered What is a sublease? Difference between a sublease and an assignment ...

Periodic tenancies, tenancies at will and tenancies at sufferance

This guidance note provides comprehensive coverage of the complex legal landscape surrounding periodic tenancies and related tenancy types. Practitioners must understand the nuanced distinctions and jurisdictional variations that affect tenancy creation, termination, and notice requirements across Australia. Topics Covered What are periodic tenancies? How are periodic tenancies terminated? Termination rules...

Insolvency

This comprehensive resource outlines the impact of insolvency on property transactions, highlighting the role of external administrators and the legal mechanisms that affect ownership and creditor rights. Practitioners must understand the nuances of personal and corporate insolvency and the relevant statutory requirements. Topics Covered Special conditions in a contract for the sale and purchase of residential property...

Insurance and risk

This guidance note provides expert legal insights into the complexities of insurance and risk in property transactions across Australian jurisdictions. Practitioners must understand the critical nuances affecting risk transfer, vendor obligations, and purchaser protections to navigate these issues effectively. Key topics covered include: Topics Covered Contract for the sale and purchase of land 2022 edition (NSW...

Requisitions – Essential Guidance on Property Law Conveyancing

The guidance note on Requisitions offers comprehensive coverage of the critical role requisitions play in property conveyancing across Australian jurisdictions. This detailed resource explores how requisitions vary by state and territory, the nature and timing of requisitions, and the complex interplay between contractual warranties and purchaser rights. Topics Covered What is a requisition on title? When requisitions...

Stamp Duty

Stamp duty remains a critical consideration in Australian property transactions, governed by various state and territory statutes. This guidance note provides a comprehensive overview of transfer duty obligations, exemptions, concessions, and compliance nuances that practitioners must navigate. It highlights practical implications for purchasers and advisers. Topics Covered New South Wales transfer duty essentials...

Tenancies: Essential Legal Guidance on Disclosure, Possession, and Rental Bonds

This guidance note offers expert legal insight into property sales subject to tenancy arrangements, focusing on critical disclosure obligations, possession issues, and rental bond management across Australian jurisdictions. Practitioners must understand the various state-specific contract provisions affecting vendors and purchasers. Topics Covered Disclosure of Tenancies in Contracts Possession and Tenancies ...

Work orders and notices imposing liabilities

This comprehensive guidance note on work orders and notices provides critical insights into legal obligations affecting property transactions across Australian jurisdictions. Practitioners must understand the nuances in vendor and purchaser responsibilities regarding compliance with statutory and contractual notices. Key topics include: Topics Covered New South Wales – Work orders and compliance obligations...

Remedies on default or ending of sale of land contract

The guidance note on remedies on default or ending of sale of land contract provides a strategic overview of critical legal recourses available when a contract for the sale of land is breached or terminated. Practitioners must understand the spectrum of remedies, from damages to specific performance, and how contractual terms across jurisdictions influence these rights. This note highlights key legal developments, including...

Rescinding a sale of land contract

This expert guidance note explores the complex legal landscape surrounding the rescission of sale of land contracts, a critical topic for property law practitioners. It provides a comprehensive overview of statutory, common law, and contractual grounds for rescission, highlighting jurisdictional nuances across Australia. Topics Covered Key concepts and terminology for ending a sale of land contract Terminating...

Terminating a sale of land contract for breach

This guidance note provides expert legal insight into the complexities of terminating a sale of land contract for breach, a critical issue for both vendors and purchasers. It highlights key legal principles and jurisdictional variations across Australian states and territories. Practitioners must understand the strategic considerations involved in deciding whether to terminate or seek specific performance, as well as...

Treatment of deposits following end of sale of land contract

The treatment of deposits following the end of a sale of land contract is a critical area of property law. This guidance note provides expert insights into the legal principles governing deposit forfeiture, statutory relief, and equitable remedies across Australian jurisdictions. Topics Covered Forfeiture of deposit to vendor Relief against forfeiture and court ordered repayments Return of deposit to purchaser...

Industrial and semi-industrial property leases

Explore essential guidance on industrial and semi-industrial property leases, focusing on critical legal considerations unique to these premises. This guidance note addresses the complexities that arise when leasing parts of larger industrial estates, highlighting crucial aspects that practitioners and tenants must evaluate before finalizing agreements. Topics Covered Leases in strata or community title schemes...

Lease v licence

The distinction between a lease and a licence is a fundamental consideration in property law, impacting the rights and obligations of parties involved. This guidance note explores the critical differences between these two legal instruments, providing essential insights for practitioners navigating property transactions and agreements. Topics Covered What is a lease? What is a licence? Determining whether a...

Leases in strata or community title schemes

The complexities of leasing property within strata or community title schemes require specialized legal understanding. This guidance note addresses key legal considerations unique to these arrangements, ensuring practitioners navigate obligations and rights effectively. Topics covered include: Topics Covered Landlord’s obligation to repair the building or structure Tenant’s right to use common property...

Long-term leases

Long-term leases present unique legal complexities that practitioners must understand to navigate property law effectively. This guidance note explores the critical aspects of long-term leases. Topics Covered What are long-term leases? Purchasing an assignment of a long-term lease Tenants’ obligations under long-term leases Landlord’s authority to grant a long-term lease Essential Insights...

Obtain consent of landlord or mortgagee

Understanding how to obtain the landlord or mortgagee’s consent is crucial for navigating lease agreements effectively. This guidance note covers essential aspects of consent requirements under current property law frameworks. Practitioners must grasp the implications of landlord and mortgagee consents to avoid common pitfalls and ensure enforceability. Topics Covered Assignment and Subleasing – Key...

Provide security for performance of tenant’s covenants

Understanding how to provide security for performance of tenant’s covenants is essential for landlords and legal practitioners managing lease agreements. This guidance note covers critical forms of tenant security and key legal considerations that impact risk management in commercial leasing. It highlights practical implications to prepare for before commencement. Topics Covered When is security required?...

Tenants’ financial obligations

Understanding tenants’ financial obligations is essential for legal practitioners advising on commercial and residential leases. This guidance note provides an authoritative overview of key financial responsibilities within tenancy agreements, highlighting crucial aspects without revealing exhaustive compliance steps. Topics Covered Rent obligations and payment methods Outgoings: net and gross lease distinctions...

Tenants’ insurance obligations

The guidance note on tenants’ insurance obligations provides expert insights into the essential insurance requirements that tenants must navigate in commercial leasing. Covering a range of insurance types commonly mandated by landlords, this note highlights critical legal considerations under current property law. Practitioners must understand the scope and implications of these obligations to effectively advise...

Tenants’ make good obligations at end of lease — general

Understanding tenants’ make good obligations at the end of a lease is essential for legal practitioners advising on commercial property leases. This guidance note explores the scope and variations of these obligations, highlighting key legal nuances without exhaustive procedural detail. Topics Covered Tenants’ obligations at end of lease Most common variations of the “make good” obligation...

Tenants’ make good obligations at end of lease — specific to industrial and retail premises

This guidance note provides expert insight into tenants’ make good obligations for industrial and retail premises, a critical area for landlords and tenants navigating lease terminations. It highlights significant legal considerations, including practical challenges unique to these premises types. Practitioners must understand the nuanced obligations that affect lease negotiations and end-of-lease processes. Topics...

Use the premises for the permitted use

This guidance note explores the critical legal framework surrounding the permitted use of leased premises, a foundational concept in commercial leasing agreements. Understanding the permitted use is essential for both landlords and tenants to navigate lease obligations and avoid costly disputes. Topics Covered What is a permitted use? Not to cause a nuisance Essential Insights Assess the tenant’s...

Purchasers’ enquiries: Essential Property Law Insights for Buyers

Purchasers’ enquiries are a critical component of property transactions, encompassing key due diligence processes that protect buyers and clarify property rights and obligations. This guidance note explores the strategic scope of purchaser enquiries across Australian jurisdictions, focusing on implied warranties, statutory disclosure obligations, and the essential searches that must be undertaken post-contract exchange...

Concurrent leases

The concept of concurrent leases is a nuanced area of property law that addresses situations where multiple leases exist simultaneously over the same premises. This guidance note explores the critical legal framework underpinning concurrent leases, including their formation, rights, and obligations. Topics Covered Key regulatory amendments and their effects Practical implications of concurrent leases Essential...