Commercial Tenancy Law, 5th edition

A comprehensive analysis of tenancy law throughout Australia relating to all aspects of commercial leases

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Book:Paperback
ISBN/ISSN: 9780409353853
Release Date: December 22, 2023
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Product description

Commercial leases are still primarily governed by the common law, even where leases are subject to retail or shop lease legislation, as the various states’ legislation tends to supplement and rely upon the common law. Consequently, the majority of this book consists of an analysis of common law principles whilst also examining the legislation, in particular, the developments of the Australian Consumer Law, Personal Property Securities Act and corresponding state fair trading legislation as well as retail or shop lease legislation on a state by state basis.

The fifth edition has been updated to take into consideration developments such as new case law and legislative change including amendments to the States’ retail leasing legislation.

Features

• Authoritative
• Coverage of all Australian jurisdictions
• Up to date case law analysis

Related Titles

• Bradbrook & MacCallum, Easements and Restrictive Covenants in Australia, 3rd edition, 2010
• Croft & Hay, Mortgagee’s Power of Sale, 4th edition
• Hockley, Croft, Hickie & Ho, Australian Commercial Arbitration, 2nd edition
• Tyler, Young & Croft, Fisher & Lightwood’s Law of Mortgage, 3rd edition, 2013

 

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Table of contents

Chapter 1 – Relationship of Landlord and Tenant


Chapter 2 – Kinds of Tenancy


Chapter 3 – Licences


Chapter 4 – Agreements for a Lease


Chapter 5 – Capacity to Make and Take Leases


Chapter 6 – Leases as Contracts


Chapter 7 –Covenants


Chapter 8 – Implied Covenants


Chapter 9 – Usual Covenants


Chapter 10 – Repairs


Chapter 11 – Rent


Chapter 12 – Trade Practices and Other Commonwealth Legislation


Chapter 13- Breach of Contract


Chapter 14 – Renewal of Leases


Chapter 15 – Assignment and Subletting


Chapter 16 – Determination of Tenancies


Chapter 17 – Forfeiture


Chapter 18 – Condition of Forfeiture


Chapter 19- Relief from Forfeiture


Chapter 20 – Notice to Quit


Chapter 21 – Re-entry by way of Self-help


Chapter 22 – The Old Action of Ejection


Chapter 23 – Retail Tenancies Legislation: Victoria


Chapter 24 – Retail Tenancies Legislation: New South Wales


Chapter 25 – Retail Tenancies Legislation: Queensland


Chapter 26 – Retail Tenancies Legislation: Western Australia


Chapter 27 – Retail Tenancies Legislation: South Australia


Chapter 28 – Retail Tenancies Legislation: Australian Capital Territory