Not exact matches
Legal advisors should pay particular attention to the «landlord's own use» amendments because those sections of the RTA were improperly used
by some «small» landlords or purchasers to secure
vacant possession of a rental unit, following which the landlord would renovate the unit and then re-rent the unit at a much higher «market» rent or sell the building for a substantial profit based on its increased income potential.
Legal advisors should ensure their «small» landlord clients, in particular, are made aware of the changes and the potential exposure, particularly if the client's business model is acquisition of small rental properties followed
by securing
vacant possession, renovations and increasing property value through re-rental or sale.
Kittle represented the landlord Telereal Trillium in an objection to the exercise of a break option
by its tenant on the condition of
vacant possession, he also handles all litigation issues arising from a portfolio of 1500 public houses owned
by Heineken, which includes advising on legislative changes relating to tied public houses.
CMS» department, led
by Stephen Scott, is best known for handling disputes concerning complex development projects,
vacant possession strategies, business lease renewals and terminations, dilapidations, rent reviews, service charges, arrears recovery, squatters and
possession cases, landlord and tenant insolvency and real estate - related disability discrimination cases.
If a landlord wishes to obtain
vacant possession for the purpose of residential occupancy
by the landlord or member of the landlord's family, or a caregiver, the landlord must now pay one months» rent to the tenant or offer another rental unit acceptable to the tenant as compensation for exercising the right of termination (s. 48.1 RTA).
The usual way of working this out is for the valuer to discount the
vacant possession value
by applying a formula called the deferment rate equation.
(18) It identifies counterveiling provisions such as, the provision for governments and native title holders to agree to change the effect of the validation provisions; the provisions which reinstate native title where the holders are in
possession and the land is
vacant crown land; and the provision of compensation where native title is affected
by the validation of intermediate period acts.