Commercial, retail & industrial leasing

25
Jul

Punctuation mark invalidates personal guarantee

Credit account applications commonly contain – in the case of companies – a director’s guarantee. Frequently the guarantee is in the form of a very brief “add-on” that holds the signer liable as guarantor, if they happen to be a director or shareholder. Such was the case of a western NSW landscaping company whose truncated version simply stated “if I

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24
Jul

Informal commercial lease format opens up battle on permitted use and rent

A landlord specified the permitted use for an auto repair premises at Moss Street, Slacks Creek as “storage” to better suit his insurance requirements, claimed tenants who also argued their agreed rent was $2.9k per annum. Three months after Nicholas Rigney and Matthew Mahment signed on for their three-year sublease in December 2016, they notice the lessor to them was not

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7
Jun

Directors sued over lease guarantee to prior landlord 20 yrs on

The former directors of a food-service business who sold down their shares to a new operator have been sued for the buyer’s rent arrears under a personal guarantee they signed 20 years earlier in favour of the property’s former owner. Anthony Rich acquired the Rocklea warehouse from West Pacific Properties in July 1998. Just two weeks earlier the vendors had granted a

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4
Jun

Gold Coast agency to reimburse buyer $1.6mil for “rent return” error

Ray White Commercial has been ordered to pay a Queensland investor the deficiency in value of a commercial property resulting from an ambiguity in its Information Memorandum. The agency’s David Djurovitch sent the IM to investor Brian Makings in August 2009 and shortly after contacted him to advise the retail centre at Robina had been passed in at auction at $6.7

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20
Feb

Tenants lose out on demolition lease damages

A Cairns landlord who gave a six month demolition notice to two of its tenants has defeated their lawsuit

20
Oct

Can landlord set-off duty to put premises into ‘good repair’ by charging low rent?

Residential and commercial leases – and the legislation that regulates them – contain

23
Aug

The game just changed for Crown tenants: not “looked after” at all

To the disappointment of the prospective tenants, James Packer’s Crown Resorts refused to include an option period in 

19
Jul

Retail tenant sweats on $38k air con replacement

A Cairns retail tenant who paid for regular equipment servicing was told by its air conditioning contractor “it’s only option” was to replace

22
May

Owners caught short on rent default: guarantor discharged at lease renewal

A Gold Coast landlord has lost a bid to recover unpaid rent after the exercise of a renewal option because

15
Apr

Court splash over car wash lease, termination without remedy notice valid

The tenant of a Bribie Island car wash site who alleged it did not receive a notice to remedy breach of lease has been ordered to pay

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