News

Tenants beware of make good obligations

When acting for a tenant, it is important to ensure the tenant understands its obligations as to how the premises are to be delivered to the landlord at the end of the lease term. This is known as the “make good” obligations of the tenant and will be governed by the provisions in the lease.

High Court confirms that liquidators of a landlord company can extinguish a lease

In the recent case of Willmott Growers Group Inc v Willmott Forests Limited, the High Court upheld the decision of the Victorian Court of Appeal which held that liquidators of a landlord company can use the disclaimer power in the Corporations Act 2001 to extinguish leases granted by that company. So what does this mean for tenants and does this have any effect on mortgagees of a landlord company?

Restrictive Covenants – What, Why, How?

Many people don’t realise there is a restrictive covenant affecting their title until they come to do some sort of renovation or development. There are ways of removing restrictive covenants from land, however, a modification to its terms may be sufficient to allow a particular development or proposal to proceed.

Tips and Traps for Property Developers

Property development can by a tricky business if you don’t do your homework from the outset.