Many readers will be familiar with the Ministerial determination that excludes lease with a term of 15 years or more (and certain other related leases) from the Retail Leases Act 2003 (Vic).  For those who are not, a copy of that determination is available by following the link here. The 15 year determination has been a […]

A group of residents were successful this week in an application brought against the operators of the Wollert Lifestyle Community (Lifestyle).  The application concerned the validity of exit fees in residents’ Residential Site Agreements (RSA) and covenants that allow rent to be charged after a resident dies.   Residents typically buy a home from Lifestyle and […]

Tenants with rent in arrears often try to reduce those arrears by setting them off against some other claim against the landlord. This has caused many landlords to introduce covenants that require the rent to be paid ‘without deductions’ or words to that effect. While a contractual exclusion of set-off is generally effective, in the […]

In a decision handed down this week, the Tribunal held that an obligation in a retail premises lease to repaint and re-carpet periodically is not inconsistent with the landlord’s obligation to maintain the premises under s 52 of the RLA 2003.   In the decision of Deng and Deng Pty Ltd v McPhee and Anor […]

Acting Senior Member Nash at VCAT today handed down an interesting decision about the operation of s 28 of the RLA 2003 in the case of Pagica Pty Ltd atf the Oscinah Trust v Inlet Property Pty Ltd (Building and Property) [2024] VCAT 830.   In summary, the Tribunal found that: a s 28 notice is […]

Further to my earlier posts here and here, Croft J’s reasons in The Trust Company Limited v Blue Train Cafe Pty Ltd [2024] VSC 232 (10 May 2024) are now available on AustLii. The substance of the appeal was a challenge to the Tribunal’s conditions placed on the grant of an interlocutory injunction.   The landlord and the tenant were in dispute […]

Attached below is an excellent paper produced by barristers Robert Hay KC and Brett Harding discussing recent issues with VCAT’s jurisdiction that went with a video presentation yesterday afternoon.   The paper addresses these issues from retail leasing perspective, so the paper is essential reading for anyone who practices in this area. VCAT’s jurisdiction – An […]

There has been a lot of debate in the leasing community over the effect of the President’s opinion discussed in my earlier post here. A copy of the President’s opinion is now available on AustLii here. Here are my thoughts on a few things that have emerged from the last fortnight’s discussions. Summary of the opinion In […]

A hot issue for retail and commercial leasing practitioners over the last few years has been whether s 251 of the Building Act 1993 (Vic) prevents a landlord from recovering from its tenant as an outgoing under the lease the cost of essential safety measures or other steps required to comply with obligations under the Building Act. A […]

In the VCAT decision of Serene Hotels Pty Ltd v Epping Hotels Pty Ltd handed down last Friday, Member Farrelly at VCAT considered an application to set aside a determination of the rent at a hotel with gaming facilities and held that: a specialist retail valuer is not entitled to use the profits method to […]