Lease Property In Australia

Lease Property In Australia

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Lease Property In Australia

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Lease Property In Australia

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Question:
Discuss about the law regarding lease property in Australia. 
 
Answer:

Introduction:
Law relating to leasing of property in Australia is governs by Leases (Commercial and Retail) Act 2001. This Act covers area like commercial and rental sectors as well as shops, land, residential areas. The word lease denotes a contract between the lessor and lessee where lessor conveys his property to lessee, in lieu of periodic rental. There are certain conditions that should be written at the time of the contract. The obligations of the lessee are also discussed here[1].          
Discussion:
Lease is an instrument by which the landlord or lessor conveyed his property to the tenant or lessee for a particular time in lieu of certain periodic payment. Every lease agreement contained with some terms and conditions. Except providing a standard lease agreement, a landlord occupy certain duties to the tenant[2]. A property owner should maintain the structure of the lease property when he is conveying his property to the lessee. He should ensure about the installations including the electricity. He has an obligation in regards with the safety of the tenant so that the tenant may not face any physical threat due course of his business. He must give the vacant possession of the premises to the tenant.
 
Lease agreement is an instrument where certain terms and conditions are engraved regarding the lease. Besides the common terms, a standard lease agreement contained certain mandatory provisions such as full information about the parties of the lease agreement, clearly shows the name of the lessor and lessee. Identification of the property is a must in case of lease agreement. Identification of a property includes details of the property, means house number, schedule of property, town, state, postal code. It should be mentioned in the agreement about the provision when the lease contract will come into force. The amount of lease rent should also be mentioned specifically. The provision regarding how the contract will be binding upon the parties are need to be mentioned too[3].
Regarding the second question, one clause has been stated here (Clause 5.1), where it has been mentioned that in case of any process or dealings, the consent of the lessee is required. If the lessee is not agree with the process, he may write to the landlord about it. It has also been mentioned in the clause that if any process proved to be detrimental in nature or affect the lessee’s access to the premises, lessee has the option to deny or avoid the process. In this case, the double space process by the lessor will harm the lessee’s trade. He has an option not to agree with the proposals by the landlord[4].
Conclusion:
Therefore, from the above statement, it can be concluded that every standard lease agreement has certain mandatory conditions to be mentioned and to be applied thoroughly. In lease agreement, the liabilities of landlord and tenant is reciprocal in nature. If in the contract, it is mentioned that the lessee can disagree with any terms of the contract, which cause a harm as against his interest, he has every right to do the same.
 
References:
‘Commercial Leases – Responsibility For Repairs And Maintenance’ (Focuslegal.com.au, 2017) accessed 1 June 2017
accessed 1 June 2017
accessed 1 June 2017
‘The Tenant’s Obligations’ (Lawhandbook.sa.gov.au, 2017) accessed 1 June 201
‘Commercial Leases – Responsibility For Repairs And Maintenance’ (Focuslegal.com.au, 2017) accessed 1 June 2017.
(2017) accessed 1 June 2017.
(2017) accessed 1 June 2017.
The Tenant’s Obligations’ (Lawhandbook.sa.gov.au, 2017) accessed 1 June 2017.

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