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Case notes from across the blog’s archive.
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Sustainability red tape adds costs to home sales
There has been a groundswell of protest from the real estate industry. The new sustainability declaration requirements impose a needless extra cost on homeowners and delay the residential sales process.
How good is your lease? – Court says change in occupier is not always a change in possession
Update — 19 March 2010: The Queensland Court of Appeal allowed the landlord's appeal. It set aside the Supreme Court's declaration and dismissed Australia Post's application.
How good is your lease? ‘Ratchet’ rent review provisos valid – for now
A recent Court of Appeal decision* has clarified the validity of retail rent review provisos that allow for CPI or market review increases but specify that the resulting rent must be "not less than the rent payable during the…
How good is your lease? – delinquent tenants
Tenant-in-default procedures for rental recovery and re-entry into possession are subject to specific statutory requirements.
Late payment of balance deposits – how much of a problem?
Version 6 of the REIQ house/land sale contract specifies the "initial deposit" must be paid "when the buyer signs this contract".
Development Approval required for a lease? When?
The Integrated Planning Act 1997 ("IPA") mandates council approval in respect of some leases as if the lease were a subdivision of a lot.
New tenancy laws part 2: Important changes for property managers
On 1 July the Residential Tenancies Act 1994(“RTA”) was repealed and replaced with theResidential Tenancies and Rooming Accommodation Act 2008 (“RTRAA”).
New tenancy law affects sales agents and property managers
On 1 July the Residential Tenancies Act 1994 ("RTA") was repealed and replaced with the Residential Tenancies and Rooming Accommodation Act 2008 ("RTRAA"). The RTRAA now applies to all Qld residential tenancy agreements.
What was behind the race to help unit developers to prevent off-the-plan cancellations
On the 22 June s 212 of the Body Corporate and Community Management Act 1997 ("BCCMA"), dealing with cancellation by buyers of off-the-plan contracts was amended to shut off court approved buyers' rights to terminate contracts…
RTA condition reports & agents’ liability for tenants’ injuries
As we all know, the landlord or agent must give tenants a written condition report before the date of commencement of a residential tenancy – s 42 Residential Tenancies Act.
Seller liable for agent mis-statements in termination of off-the-plan contract
In September 2003 two Chinese buyers signed an off-the-plan contract for an apartment in an inner-city development.
De facto option in retail leases
In a radical alteration to the rights and obligations of parties to leases, the Retail Shop Leases Act ("RSLA") requires landlords to give to tenants written notice of a pending option at least 2 months but not earlier than 6…
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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