Commercial Tenancy Law, 5th edition

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

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ISBN/ISSN: 9780409353853
Release Date: December 22, 2023
AUD$ 264.00

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.


• 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