Uncollected goods: what should landlords do upon termination of a retail lease?

October 09, 2018 by JW in Commercial Leases, Landlord, Property Law Act, Retail Leases Act, Retail Leasing, VCAT, Landlord and tenant, Uncollected Goods, Tenant fixtures, Landlord obligations

This question arises in almost every retail lease matter involving rental arrears, termination and possession. The regime regarding uncollected goods is governed by the principles of bailment and by the Australian Consumer Law and Fair Trading Act 2012. The ACL stipulates three value categories of uncollected goods (low, medium, high) and outlines requirements for disposal of uncollected goods in each category.

Relief against forfeiture - saving a commercial tenancy

October 16, 2017 by JW in Retail Leasing, VCAT, Tenant, Landlord, Commercial Leases, Supreme Court of Victoria, Relief against forfeiture, Retail Leases Act, Property Law Act

Relief against forfeiture protects a tenant against the loss or determination of an estate or interest in property, or a proprietary right, either in consequence of a failure to perform a covenant or condition or in consequence of the determination of the contract for some other reason. This article summaries the key principles and provides tips for tenants applying for relief, and landlords opposing an application.