Assessment Title CASE STUDY OF A COMMERCIAL LEASE
Learning Outcome/s 1,2,3 and 4
Assessment type (group or individual) INDIVIDUAL
Word count An absolute maximum of 1,500 words
Due date Sunday Week 9, 11:55pm Sydney Time
Class submission Lecture ? Tutorial ?
Submission type Paper copy ? Turnitin ?
Answer the two questions logically and as completely as you can and set out a reference list at the end of your answers
(clear, succinct, without repetition) Obtain a copy of the Real Estate Institute of NSW (REINSW) Commercial Lease suitable for a lease of up to 3 years duration. This can be found on the internet.
Read the case study below and apply your knowledge of the law of leases and licenses to answer the questions at the end of the case study.
Answer the questions very carefully ensuring that you have considered every possible legal issue contained within the problem even if the issue does not have any serious consequences for the parties to the lease.
You should answer the questions using New South Wales law..
A printed copy of your answers for marking is to be submitted to the lecturer in the lecture room.
Ensure that your task is fully sourced in accordance with the ICMS Style Guide and has an appropriate reference list in accordance with the ICMS Style Guide.
A guide to referencing law cases and legislation is on Moodle under Assessments.
Readings for the assessment
Material for research:
Real Estate Institute of NSW (REINSW) Commercial Lease suitable for a lease of up to 3 years duration.
ICMS Lecture Notes: Lecture 7: Leases
Tutorial Questions on Leases on Moodle in Week 7
Retail Leases Act, 1994 (NSW) See the definition of a retail shop in Section 5.
Sections 84 and 85 of the Conveyancing Act along with the lecturer’s summary on Moodle.
Available from the ICMS library:
Relevant pages of Duncan, S. and Christensen, S (2014) Commercial leases in Australia, 7th edition, Thomson Reuters/Law Book Co, Pyrmont
Note that only one copy is available and you should not leave gaining access until just before the task is due as other students will be using the text. This is a detailed text which references a wide range of cases.
Grading Criteria / Rubric See below
The lease which the the lessor (landlord) and lessee (tenant) have entered into is in the form of the REINSW Commercial Lease suitable for a lease of up to 3 years duration. An uncompleted copy of this lease can easily be located on the internet.
You may choose to fill in the details below on the front page if this helps you understand the lease but this is not part of your task and the lease does not have to be submitted. Only details relevant to answering the question set are included.
FACTS RELEVANT TO THE COMPLETION OF THE LEASE:
Lessor: Weilu Warehouse Holdings Pty Ltd
Lessee: Best Luxury Hire Cars Pty Ltd
Premises at : 13 Gormenghast Avenue close to the city centre. The premises are a total of 2,000 square metres and are heritage listed with substantial timberwork included in the structure.