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Leasing precedents – QLD

31 May 2022 by By Lawyers

New and updated leasing precedents have been added to the By Lawyers Leases QLD publication.

Queensland practitioners will find these leasing precedents helpful with a range of common transactions in retail and commercial leases.

The new and updated precedents include:

  • Assignment deed.
  • Guarantee document.
  • Variation deed.
  • Deed of surrender.
  • Deed of variation of lease – deferral of rental payments. This deals with rental relief prompted by the economic impacts of COVID-19 in accordance with the National Cabinet Mandatory Code of Conduct.

The new and updated leasing precedents include clauses addressing common leasing scenarios such as:

  • First right of refusal.
  • Demolition and relocation.
  • Covenants protecting mortgagee’s interests.
  • Liquor licencing requirements such as transfer of licence, and consent to licence.
  • Execution clauses for individuals and corporations tailored for use in deeds, agreements, and contracts.

Also included are precedent letters for standard lease transactions such as:

  • Covering letters to lessee’s solicitor submitting a lease, deed of surrender, deed of assignment, or deed of variation. These precedent letters include execution instructions and a checklist of items to be returned to a lessor before a tenant is allowed to take possession of the premises.
  • Letter to a lessor client enclosing a lease with instructions on how to sign.
  • Letter to titles office enclosing a lease for registration.

The full commentary in the Leases QLD publication covers key practical issues and considerations for landlords and tenants. These include renewals, subleases, interruptions, and outgoings. The specific legislative requirements under the Retail Shop Leases Act are also addressed extensively.

Filed Under: Conveyancing and Property, Publication Updates, Queensland Tagged With: lease, leasing, lessee, lessor, New precedents

Leases – QLD

1 November 2021 by By Lawyers

By Lawyers Leases – QLD publication has been reviewed and updated to ensure that the commentary and precedents are in line with current law and practice.

Queensland property lawyers and conveyancers will find helpful enhancements resulting from this review, including:

Expanded commentary on: –

  • Agreements/offers to lease.
  • The application of the Retail Shop Leases Act 1994.
  • Personal property securities considerations when acting for a lessor or lessee.
  • Disclosure statements – for new leases, assignments and renewals.
  • Outgoings.
  • Rent review procedures.
  • Options to renew and the form of renewal.
  • Security for performance.

New commentary on –

  • The applicability of the Competition and Consumer Act 2010 (Cth).
  • A lessor’s disclosure obligations in relation to the leasing of land listed on the Contaminated Land Register.
  • The importance of correctly defining the premises to be leased.
  • Obtaining mortgagee consent to a lease.

New precedents including –

  • Lessee waiver notices pursuant to s 22B of the Retail Shop Leases Act 1994 – New lease and assignment.
  • Heads of agreement for offer to lease – Concise.

These enhancements to the Leases – QLD guide will assist lawyers acting for either a lessor or lessee.

This review is part of By Lawyers continuous commitment to reviewing and enhancing our publications to ensure our subscribers.

Filed Under: Conveyancing and Property, Publication Updates, Queensland Tagged With: Agreements/offers to lease, Disclosure statements, Expanded commentary, Leases (QLD), Lessee waiver notice, mortgagee consent, New commentary, New precedents, ompetition and Consumer Act 2010 (Cth)., personal property securities, Publication review, Retail Shop Leases Act 1994

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