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Leasing and Property Newsletter - March 2019

Leasing and Property Newsletter – March 2019

Published on March 12, 2019 by Paul Carroll , Matthew Rafferty , Gillian Kirwan and Deanne MethvenPaul Carroll , Matthew Rafferty , Gillian Kirwan and Deanne Methven

In this edition our team report on the following topics:

  1. 10 Principles of Demolition Notices in NSW
  2. Termination of a lease by the landlord with 3 days’ notice
  3. Are you meeting your obligations under the Retail Leases Act (NSW) 1994 to disclose and report on your marketing levies?

10 Principles of Demolition Notices in NSW
This case is an appeal by the landlord of the case we wrote about last month. At the initial trial, the Tribunal found that the landlord’s demolition notice was invalid. The landlord has had the initial decision overturned on appeal. In that appeal, the Appeal Panel outlined the 10 principles of demolition notices in NSW.

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Matthew Rafferty 
Partner


Termination of lease by landlord with only 3 days’ notice

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.

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Gillian Kirwan
Lawyer

Paul Carroll
Partner


Are you meeting your obligations under the Retail Leases Act (NSW) 1994 to disclose and report on your marketing levies?
Whilst landlords are often aware of the need to disclose the outgoing budgets, expenditure and recoveries to comply with the Retail Leases Act (NSW) 1994 (RLA)……..are they meeting the requirements under the RLA in respect of the marketing levy?

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Deanne Methven 
Special Counsel

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