consideration of the situation at the time the decision is to be made vintage photographer guide a bignners guide to composition poster as the Covid-19 situation is changing very quickly. In WA, in addition to the above,
vintage photographer guide a bignners guide to composition poster
among other things, exemptions for small owners from the Code. Be aware of the other side. It could be asserted that it was unconscionable conduct for a tenant to vintage photographer guide a bignners guide to composition poster refuse to pay the landlord any rent, not because of any wrongful conduct of the landlord, but because a government order has prevented it from trading. Where a statutory order prohibits trading from a leased premises, it is our view that it would not be unconscionable conduct for a landlord to seek to recover rent from you for a period of time in which you have been unable to trade . We appreciate that at the time a statutory order is issued, it may not be known when the centre can be re-opened.
We would expect it would only be a matter of days or weeks. In these circumstances, we do not consider this will result in frustration of the lease. While it seems unlikely that a centre would be closed for an extended period of time, it is possible that an extended closure might result in the frustration of the leases. This would need to be considered further. There is no common law doctrine of force majeure. It is instead the subject of a contractual agreement between the parties and comes down to matters of interpretation. The ability to rely upon the doctrine of force majeure will depend upon whether your particular lease has a relevant force majeure clause. Such clauses are however, rarely included in standard commercial leases. Where a landlord chooses to the whole or part of a shopping centre is a little more problematic and would require
Reviews
There are no reviews yet.