Landlord’s Consent. The right way to get it.

I took on a new client who had been asking their landlord for consent to an assignment of Lease so they could sell their business. They had made phone calls, taken the new tenant to meetings with the landlord’s agent, but had not received an answer one way or the other. This had been dragging …

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Does a commercial lease need to be registered?

Leases under 3 years do not have to be registered, and the parties to a lease often rely on the short form of lease published by the REINSW for this purpose. However, what happens when you get it wrong? Is your lease void and what does this mean for the parties moving forward? I recently …

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Can you be a “retailer” if you never see a customer?

Most people know that “retail leases” get special treatment and regulation under the Retail Leases Act. The thing that no-one can categorically determine is exactly what activity constitutes “retailing” for the purposes of the legislation. We would all acknowledge that the average specialty store, food shop, café or clothing store will be a “retail activity”. …

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