Commercial Tenancy Law, 5th edition
A comprehensive analysis of tenancy law throughout Australia relating to all aspects of commercial leases
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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.
• Coverage of all Australian jurisdictions
• Up to date case law analysis
• 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
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