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ARTICLE · 11 APRIL 2018

Leasing update - recent and potential future challenges for landlords

Colin Biggers & Paisley
Explore more from Colin Biggers & Paisley

Article reviews changes in law relevant to retail landlords and upcoming changes to law relevant to all landlords.

AustraliaReal Estate and Construction
Duane Keighran
Duane Keighran
Peter Harkin
Peter Harkin
Damien Butler
Damien Butler
John Douglas
John Douglas

IN BRIEF - RETAIL LANDLORDS SHOULD CONTINUE TO BE MINDFUL OF RECENT CHANGES TO NSW RETAIL LEGISLATION AND ALL LANDLORDS GENERALLY WILL NEED TO BE AWARE OF UPCOMING REFORMS IN INSOLVENCY LAW

This article explores:

  • some of the changes made to the Retail Leases Act 1994 (NSW) as at 1 July 2017 and how a key change may impact landlords over time; and
  • the upcoming ipso facto reforms within insolvency law, which are intended to take effect on 1 July 2018.

IPSO FACTO REFORMS

My tenant has gone bust. Can I still terminate the lease?

The Federal Government has for some time considered amendments to the insolvency regime in the Corporations Act 2001 to maximise the chances of recovery of businesses in financial distress. Recent amendments to the Corporations Act have introduced a prohibition on the enforcement of ipso facto clauses in certain circumstances.

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