ByLawyers News and Updates

Variation of lease – All states

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Two new precedent deeds for variation of lease have been added to all By Lawyers Leases publications.

The new precedents are:

  • Deed of variation of lease – Deferral of rental payments. This deed provides for the deferral of rental payments for an agreed period. It also provides for the lessor to access the security deposit/bond/guarantee, to satisfy part-payment of rent during this period. It is suitable for general use when required.
  • Deed of variation of lease – Deferral of rental payments during COVID 19. This deed complies with the National Cabinet Code of Conduct that was released on 7 April 2020 to govern commercial, industrial and retail tenancies affected by the COVID-19 pandemic.

Both of these new precedents deeds cover arrangements for future payments. Once the deferral period has ended, they provide for the repayment of deferred rent in full.

By Lawyers have produced a publication which brings together in one place a collection of practical information to help the profession at this time. Dealing with COVID-19 legal issues is a valuable resource for lawyers. It is now available by clicking on the link at the top of the matter plan in every By Lawyers Guide.

NSW – Conveyancing – Sale – Replies to requisitions

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Responding to a recent subscriber request, we have added new standard replies for the following Law Society requisitions:

  • Residential Property 2018;
  • Strata Title (Residential) Property 2018;
  • Commercial 2018; and
  • Strata Title (Commercial) Property 2018.

These replies are in our Conveyancing – Sale (NSW) guide and form part of By Lawyers extensive library of replies to requisitions, which comprises replies to all common forms of requisitions including those produced by the Law Society of NSW and Australian Law Stationers.

Note: when using the By Lawyers Contract for Sale of Land requisitions are not required – by operation of clause 11 of the By Lawyers Contract, the warranties given by the vendor in the contract replace requisitions.

The main function of requisitions in modern conveyancing is to remind the vendor of the implied obligation to deliver a good title. But in the vast majority of matters the vendor’s title is completely uncontroversial. For this reason a practice has developed of including requisitions and answers in the contract. In our view the better approach is to raise only requisitions that need to be raised, rather than standard requisitions that are largely irrelevant and receive a standard response.

In a typical conveyancing matter using the By Lawyers contract there should be no need to raise requisitions except where the purchaser’s enquiries reveal a likely defect in title. The vendor warranties implied into all contracts by the Conveyancing (Sale of Land) Regulation 2017 are included as a reminder to vendors and for the information of purchasers.

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