property_law_summaries

4 if the rent remains unpaid for one month the

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- 4) If the rent remains unpaid for one month, the landlord can re-enter and take possession of the premises. And this can be done without notice. If the tenant has breeched some other term of the lease, then the landlord can serve a demand for that breech to be remedied and if it is not remedied, then the landlord can re-enter and take possession. - 5) If the leased is assigned to a new tenant, the new tenant will pay the rent and comply with the other covenants of the lease. If that new tenant does not comply with the terms of the lease, the landlord can sue the new tenant. If that is unsuccessful; they can also sue the old tenant. - 6) s.71(4): This governs sub-leases. There is an implied term that the sub-tenant will continue to pay the rent that is owed under the head lease and will also comply with other obligations.
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COVENANTS IMPLIED BY COMMON LAW_____________________________ Obligations of Landlord o Fitness for human habitation at commencement At Common Law, the landlord has no general duties to make repairs no matter how poor the state of the premises (ie. Buyer beware) Exception: is that furnished premises must be fir for habitation at the commencement of the lease. o Quiet Enjoyment Landlord must not do anything which substantially interferes with the tenant’s possession. Meaning of “quiet” – peaceful or free from interruption Exception: A clause may allow the landlord to inspect the property with proper notice. o Not to derogate from the grant A person who creates a leasehold interest must not do anything that detracts from it. Sub-leases: if the tenant breaches the head lease by failing to pay rent, then the landlord will be justified in seeking a legal remedy that will enable them to terminate the head lease. The failure of the head lease will mean that the sub-lease will also fail. Only avenue for the sub-tenant will be to pursue the tenant not the landlord as the sub-tenant does not have a relationship with the landlord. IN EXAM: there can be a breach of quiet enjoyment as well as an obligation not to derogate from the grant – they can overlap each other Hawkesbury Nominees Pty Ltd v Battik Pty Ltd [2000] FC 185 Issue: has the ordinary and lawful enjoyment of the premises been substantially interfered with by an act of the landlord? Aussie Traveller Pty Ltd v Marklea Pty Ltd [1998] 1 Qd R 1
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TEST: If the grant is made for a particular purpose, then the landlord is under an obligation not to use the land retained by him in such a way as o render the land granted ‘unfit or materially less fit’ for that purpose. It won’t necessarily be enough that the landlord leases a neighbouring property to another business purpose which competes with the business of a tenant in another shop.
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