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ARTICLE · 12 JULY 2023

Changes To Property Law Act Impacting Queensland Leases

Herbert Smith Freehills Kramer LLP
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In the third and final instalment of our series on Queensland's Property Law Bill 2023 (the Bill), we look at some significant changes coming in the leasing space.

AustraliaReal Estate and Construction
Leone Costigan
Leone Costigan

In the third and final instalment of our series on Queensland's Property Law Bill 2023 (the Bill), we look at some significant changes coming in the leasing space.

Landlords to act reasonably to tenant requests!1

Until now, in Queensland, dealings with commercial leases were a matter entirely for agreement between the parties. This position is consistent with the approach taken in other States. So, if a commercial lease included a requirement that the landlord could consent to a tenant request in its absolute discretion, a landlord's power to consent to that was effectively unrestricted.

This position is to be contrasted with retail leases in Queensland and other States where there are obligations for a landlord to act reasonably in certain circumstances.

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