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ARTICLE · 21 FEBRUARY 2019

PPSA and property leases - be safe not sorry

Bartier Perry Solicitors
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PPSA implications for landlords and tenants and personal property should be considered when entering into new leases.

AustraliaReal Estate and Construction
Natasha Zusman (Formerly With Bartier Perry)
Natasha Zusman (Formerly With Bartier Perry)
Stella Sun
Stella Sun
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Although dealings with land are not registered on the Personal Property Securities Register (PPSR), the implications of the Personal Property Securities Act (Cth) 2009 (PPSA) for landlords and tenants and their personal property need to be carefully considered when entering into new leases.

Implications for Landlords

Property leases often involve personal property such as:

  • plant or equipment (other than fixtures) owned by a landlord and made available under the lease including items purchased using a fitout incentive provided by a landlord and the landlord:
    • retains ownership of the fitout; or
    • sells such fitout to the tenant at the end of the lease or in instalments

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