Support for Landlords across NSW – the Commercial Landlord Hardship Fund

By |2021-09-16T05:45:32+00:00September 16th, 2021|PROPERTY LAW|

The NSW government has introduced the Commercial Landlord Hardship Fund to provide grants to eligible small landlords of up to $3,000 per month for each retail or commercial tenancy. Who is eligible? Small commercial and retail landlords who: will suffer financial hardship if they reduce the rent to be paid by tenants financially impacted by COVID-19 in accordance with the Retail and Other Commercial Leases [...]

COVID-19 Rent Relief mandated while Sydney in its Second Lockdown

By |2021-08-27T02:58:37+00:00August 27th, 2021|LEGAL NEWS, PROPERTY LAW|

As Lockdown continues and many tenants are forced to keep their doors closed, the NSW Government has updated its COVID-19 leasing laws and mandated rent relief for tenants. In 2020, when the pandemic first began, the NSW government instated the Retail and Other Commercial Leases (COVID-19) Regulation 2020 which allowed for rent relief negotiations proportionate to a tenant's turnover loss.  However, this legislation ceased to [...]

Abolition of Certificate of Titles

By |2021-07-23T02:36:06+00:00July 23rd, 2021|PROPERTY LAW|

The Real Property Amendment (Certificates of Title) Act 2021 will make significant changes to land holding in New South Wales.  Under this Act, all paper Certificate of Title will be cancelled which will facilitate the electronic lodgement of all land transactions in New South Wales. Paper Certificates of Title will no longer have any legal effect from 11 October 2021.    Instead of a paper [...]

Retail and Other Commercial Leases (COVID-19) Regulation 2021

By |2021-07-20T03:06:16+00:00July 20th, 2021|LEGAL NEWS, PROPERTY LAW|

On the 14th of July the New South Wales Government published the Retail and Other Commercial Leases (COVID-19) Regulation 2021.  The primary objective of these new regulations is to restrict the rights of landlords under retail and other commercial leases to take action for a breach of lease by the tenant if the tenant has been 'impacted' by COVID-19. A tenant is "impacted" if they qualify [...]

Safety of Awnings on Public Land

By |2021-07-23T02:34:23+00:00July 15th, 2021|PROPERTY LAW|

Any Awning extending over public land, such as footpaths or roads, can threaten the safety of the public, and NSW has introduced changes to ensure building owners are act responsibly when installing awnings that extend over such land. Following a fatal accident in Balgowlah due to the collapse of an awning, the Deputy State Coroner conducted an investigation and prepared a report. Report by the [...]

Helping children into the property market – make sure you get advice first

By |2021-05-20T00:35:05+00:00May 20th, 2021|PROPERTY LAW|

Media stories abound about the spiralling value of real estate, particularly in Sydney, and the pressures young people face in getting a foot hold into the market. Many of our clients are in a position to help their children into the property market but care and careful planning are needed if unintended financial consequences are to be avoided.  Let’s assume that you own an investment [...]

Capital Gains Tax (CGT) Exemption for Granny Flats

By |2020-11-04T04:34:07+00:00November 4th, 2020|PROPERTY LAW|

Expected to start from 1 July 2021, a homeowner will no longer have to pay capital gains tax “CGT” for the creation, variation or termination of a formal written granny flat arrangement that accommodates the elderly, typically family members or people with disabilities. A principal place of residence is exempt from CGT, whereas investment properties are subject to tax on any capital gains on sale [...]

New Laws to Increase Community Confidence in the Construction Industry

By |2020-09-09T01:53:13+00:00September 4th, 2020|LEGAL NEWS, PROPERTY LAW|

Introduction The NSW Government has recently passed 2 pieces of legislation with the objective to increase confidence of the community in the construction industry. DBP Act The Design and Building Practitioners Act 2020 (NSW) (“DBP Act”) was enacted on 10 June 2020 and it introduces a statutory duty of care to benefit owners of land and provides for methods to regulate design and building work, [...]

Suburban Trees, Neighbours and Disputes

By |2020-08-14T00:27:31+00:00August 14th, 2020|PROPERTY LAW|

For quite a few months now we have been receiving enquiries in relation to neighbourhood disputes. Is it because we are all home a lot more or do you think people have lost the ability to talk to one another?  Whilst it is easy to urge you to be friendly with your neighbours as it is much easier if everyone gets along and it also [...]

Be aware! Financiers are now re-verifying employment status before effecting settlements

By |2020-05-29T05:35:09+00:00May 18th, 2020|LEGAL NEWS, PROPERTY LAW|

Recently, we have become aware that lenders are undertaking repeat employment checks on borrowers prior to advancing the funds for a property settlement.  These status checks are now being carried out up to the date of settlement. There are significant changes being experienced by people all over the world due to the current pandemic, and one of the most significant of these can relate to [...]

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