Avoiding Disputes Over ‘Make Good’ In Commercial Leases

Avoiding Disputes Over ‘Make Good’ In Commercial Leases

Commercial leases generally contain ‘make good’ provisions requiring tenants to ensure that the premises is left in a certain condition at the end of the lease. Problems can arise when these provisions lack clarity as to the scope of the make good obligations. This article provides landlords and tenants with tools to navigate this contentious issue.

Leases and Licences – What’s The Difference Anyway?

To the untrained eye, leases and licences may appear to effectively do the same thing. In reality, they are two very different beasts and it is important for anyone entering into one or the other, to understand some of the fundamental differences.

Learn about the differences in the nature, rights and obligations that arise under each arrangement.

Challenging Rental Determinations

If a landlord and tenant cannot agree on the current market rent when exercising an option, or renewing a lease, then the rent must be determined by a specialist retail valuer.
But, what happens when a landlord or tenant wants to challenge the rent determination of retail premises lease prescribed by the independent valuer?

This article explains the options available to tenants and landlords who disagree with rental valuations provided by an external party.

High Court Refuses Special Leave. The “Ultimate Consumer Test” Is Here To Stay In Determining Whether Premises Are “Retail”

Last Friday, the High Court of Australia refused special leave to appeal the decision of the Victorian Court of Appeal in IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178.