Sentences with phrase «head lease»

For some Realtors this may prove to be more difficult than head leasing because there are more entities to satisfy.

This means that non-traditional community members may decide the establishment of a land council, and further, that under 19A (3) that newly established land council is not obliged to appropriately negotiate head lease agreements.

Another significant concern I voiced is that the amendments allow the government to use the Aboriginals Benefit Account (ABA) to pay for the 99 - year head leases.

Under the amended ALRA, land councils» functions will include: administering funds to new bodies corporate; negotiating head lease agreements with traditional owners and others; collecting and administering rental payments for subleases; and providing these funds back to the ABA on a 6 monthly basis.

It was (rightly) pointed out by the respondents that this broader construction would bring within the scope of the Act investors who own head leases.

Each building included internal and external common parts, which were demised by the respective head leases.

Non-traditional or historical people could vote in a block to establish a local land council, and thereby take control of decisions for matters such as head leases.

Conger and David Quisenberry head the leasing efforts for the Campus at Legacy West, which includes the J.C. Penney campus, and will soon take over from CBRE who headed the sale - leaseback.

If the provision of essential services is withheld pending agreement to head lease agreements, this may constitute racial discrimination under s 9 of the Racial Discrimination Act (1975)(Herein RDA).

In light of the likely significant impact that the grant of a 99 year head lease could have on traditional owners» capacity to control their land, s 19A (3) does not provide a sufficient threshold of protection.

Other points were raised as to the difficulties which might arise in determining the other terms of the lease, such as rights over common parts (all of which are included in the head lease) and apportionment of the lessee's covenants for the remainder of the head lease.

Lord Neuberger considered that the statutory language of LRHUDA 1993 gave a «tolerably clear answer» to the question of whether a lessee under a head lease which comprises property other than the flat for which the lease extension is sought is a «qualifying tenant».

In Maurice v Hollow - Ware Products Ltd [2005] EWHC 815 (Ch), [2005] 2 EGLR 71, a block of flats was subject to a head lease, out of which were granted long underleases of each of the 28 flats in the block.

For example, in one case, the Court of Appeal found that the failure to provide the franchisee with a copy of the head lease or sublease amounted to material non-disclosure.

David Donaldson QC, sitting as a deputy judge of the Chancery Division, upheld the claim by the head lessee of the block to be entitled to lease extensions of each of the 28 flats, by virtue of the head lease, under Ch 2 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).

What happens to the retail location of the franchised business after the franchise agreement is terminated depends on who controls the lease (whether the head lease of the location is in the name of the franchisor or franchisee), the terms and conditions in the franchise agreement about any continued operation of the location, and non-compete and other «restrictive covenants» in the franchise agreement.

Granting a head lease will be entirely voluntary.

Also during the reporting period, it was reported that the Northern Territory Government proposed to transfer town areas on land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)(ALRA (NT)-RRB- to 99 year leases (from traditional owners)- this «head lease» would be held by a new statutory body, with the power to issue sub-leases for homes and business premises.14

As well, the set of rights peculiarly associated with communal Indigenous title, such as usufructuary rights (usage rights), rights of cultural attachment and rights to maintain spiritual links and practice ceremony, would also be potentially lost for the term of the head lease (99 years).

While not specified in the ALRA amendments, I would expect this to be the standard in communities under a head lease.

As the intention of the head leasing strategy is part of a «normalisation» process, the Australian government should implement the same leasing arrangements as exist in other non-Indigenous townships.

Such a scheme requires profits to pay the head leases over time and to fund the recurrent operational costs of the head leasing agency.

The Australian Government has stated that it intends the head leasing scheme to be self - financing.

That the government ensure that traditional owners have access to independent legal advice and assistance in relation to the decision to enter into a head lease agreement, and in negotiating the terms of these head leases (including restrictive covenants and other caveats to protect the interests of traditional owners and their say in any future development in acquired townships).

Government parties may argue that the consent issues outlined above are overcome by the fact that communities are free to agree or not to head lease agreement.

Unfortunately, the tenant under the head lease failed to pay rent and the landlord took steps to terminate the lease.

The subtenant attempted to stop the landlord by arguing that it would breach a contractual relation between the tenant and subtenant if the head lease was terminated.

However, mere knowledge by a landlord of a subtenant's involvement with its tenant and of the likely consequences of terminating the head lease did not result in a «tort action» against the landlord by the subtenant.

@Jay Shaw, have you considered a head lease for the property, with an option to purchase at a fixed price, in two years, three years, etc..?

Be certain to read the head lease carefully and understand all of its clauses and their ramifications.

Although the third party becomes the lessee, the primary tenant is still liable to the property owner for the rent, property maintenance, and to uphold all other clauses and conditions contained in the head lease, a condition sometimes misunderstood by both parties.