Welcome to the February 2020 edition of the Madgwicks Lawyers Property Insights Newsletter!
- New changes proposed to the Act: Partner Rohan Ingleton provides an overview of the proposed changes to the Retail Leases Act including how it will affect what can be recovered from a tenant, different disclosure obligations, when security deposits are to be returned to a tenant and the provision of a new early rent review to market prior to the exercise of an option.
- Pushing the boundaries: What to do with misaligned property boundaries in Victoria: Misaligned property boundaries are not uncommon and can prejudice the development potential of a property and the ability to obtain finance, or create boundary disputes with third parties. Associate Bethany Visser delves into a recent case on this issue considering misaligned boundaries in the sale of a property.
- Against the law to claw (back)? Leasing incentives and claw back provisions in the spotlight in Victoria: Lawyer Nicola Carnevale examines a recent Queensland decision applied in Victoria examining claw back provisions. If a lease comes to an end early, a landlord’s attempt to recover part of an incentive under a clawback clause may be challenged by a tenant.