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Deborah Mann

When can a landlord of retail premises withhold consent to an assignment of lease?

When can a landlord of retail premises withhold consent to an assignment of lease?

In a recent VCAT decision of AVC Operations Pty Ltd v Teley Pty Ltd (2018) VCAT 931 it was held that the landlord of a lease governed by the Retail Leases Act (Act) was not entitled to withhold consent to an assignment of a lease of a hotel business on the basis that the incoming tenant (assignee) did not have sufficient financial resources or business experience to meet the lease obligations.

New Requirements for Land Sales and Developers

New Requirements for Land Sales and Developers

The new financial year will bring in a number of changes to the property industry.  Developers need to plan for these changes to ensure compliance and avoid any delays or other adverse implications once the amendments take effect.

Is your Rates Notice for 2016/17 fair and reasonable?

Is your Rates Notice for 2016/17 fair and reasonable?

From 1 January 2016 the process of revaluing all Victorian properties commenced. The new values will form the basis upon which you are charged municipal rates and land tax. If you have received a rates notice and disagree with the value assigned to your property you have the right to lodge an objection with council within 2 months of the date stated on the rates notice. 

NEW RETIREMENT VILLAGE LEGISLATIVE CHANGES

NEW RETIREMENT VILLAGE LEGISLATIVE CHANGES

There have been some recent legislative changes governing the operation of retirement villages.

The Retirement Villages (Records and Notices) Regulations 2015 take effect from 12 December 2015 and revoke the previous sets of regulations.

NEW IDENTITY REQUIREMENTS FOR TITLES OFFICE DOCUMENTS

NEW IDENTITY REQUIREMENTS FOR TITLES OFFICE DOCUMENTS

From the 9 November 2015 Victoria joins Western Australia and South Australia in requiring the identity of signatories to all documents lodged at the Titles Office, and for those who are given custody of a certificate of title, to be verified.

VCAT opinion restricts recovery by landlords of costs of essential safety measures and repairs and maintenance

VCAT opinion restricts recovery by landlords of costs of essential safety measures and repairs and maintenance

On 1 May 2015, the President of the Victorian Civil Administrative Tribunal (VCAT) issued an advisory opinion in response to the Victorian Small Business Commissioner’s request as to whether a landlord of commercial premises can pass on the costs of Essential Safety Measures (ESM) and certain repair and maintenance obligations for retail premises to tenants.  The term ESM covers measures prescribed by building law for safety and fire protection.

Changes to term deposit accounts

Changes to term deposit accounts

From 1 January 2015 the standards imposed by the government regulator on deposit taking institutions are being tightened.  The measure is part of a global initiative to improve the liquidity of the finance industry.