Important precedent for property settlement disputes

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When selling property, the contract of sale typically dictates certain tasks that a vendor must undertake prior to settlement. In the recent matter of Namrood v Ebadeh-Ahvasi, the vendor was contractually required to remedy damage from works done to the property and comply with other outstanding council notices before settlement (‘completion’). The contract also contained […]

Western Sydney Airport Forces Rezoning of Properties

Western Sydney Airport forces rezoning of properties – where does this leave residents? In October 2020, the NSW Government rezoned all land surrounding the airport at Badgerys Creek. The rezoning has seen some properties transform from 100 per cent rural land to 100 per cent environmental land (Green Space) and other properties considerably dropped in […]

Retail tenants and relief against forfeiture during COVID-19

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If a tenant breaches a lease for non-payment of rent, there is a fundamental breach which gives a landlord the right to terminate the lease and take possession of the premises. However, a tenant has the right to apply to the court for an order restraining the landlord from doing so, otherwise known as relief […]

How COVID-19 has impacted tenants’ and landlords’ rights: Residential Tenancies (Amendment) COVID-19 Regulation

The Residential Tenancies (Amendment) COVID‑19 Regulation 2020 generally prohibits, until 14 October 2020, subject to further extension (the moratorium period), a landlord from giving a tenant who is a member of a household financially impacted by the COVID‑19 pandemic (an impacted tenant) a termination notice for non‑payment of rental charges and provides that during the […]