Lease Law

Do you rent a commercial property as the Landlord or the Tenant you need to know the latest. VCAT has just issued a directive to advise that if a Landlord is required to make good issues with respect to their property because essential safety measures require fixing. This could be a structural requirement from local council, a fire brigade make safe order or the like. Then the Tenant cannot be held accountable for that cost.

Russell Cocks who is one of Victoria’s pre-eminent authorities on matters property law said in a snapshot “Owners/Landlords – building regulations create a repair and maintenance obligation in relation to essential safety measures, Occupiers/tenant – Tenants may undertake repairs if landlords fails to do so and recover those costs and Passing on costs – It is contrary to the provisions of the regulations for the landlord to seek to pass on the cost of repairs and maintenance to the tenant. It is also contrary to S52 of the Retail Leases Act 2003 to pass on those costs. ” emphasis is mine.

You can read the VCAT direction at http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VCAT/2015/478

Better still you can read and gets lots on help from Russell Cocks website www.russellcocks.com.au