Effective Default Notices

Some recent commercial property matters that we have been involved in highlight the value of sending formal default notices to commercial tenants.   RIGHT OF RE-ENTRY Most commonly, a Default Notice is issued as a precursor to terminating the lease and re-entering possession of the property. A Landlord must comply…

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Landlord’s Legal Obligations

In Shields v. Deliopoulos [2016] VSC 500 the Victorian Supreme Court clarified the landlord’s legal obligation to maintain a residential property in good repair.  Specifically, section 68(1) of the Residential Tenancies Act1997 (Vic) provides: “A landlord must ensure that the rented premises are maintained in good repair.” In this case it was agreed…

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The Legal Implications of AirBnB

Victorian Courts considered the legal implications of AirBnB from a couple of different perspectives recently. To Sub-let or not to Sub-let In a decision (Swan V Uecker (2016) VSC 313) that attracted media interest the Victorian Supreme Court held that the landlord was entitled to terminate the lease given the…

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