A. Assuming the Retail and Commercial Leases Act applies in the circumstances, the Tenant may be able to cancel the Lease. However, the Magistrates Court will look at a number of factors including how long the Tenant has been in the property and whether they were disadvantaged by not receiving a Disclosure Statement.
A. Even though the parties may not have formally signed the Lease, where they have partly performed their obligations, the common law doctrine of part performance may be relevant and may act to create a contract in equity on the terms set out in the unsigned Lease. Assuming the Retail and Commercial Leases Act applies to the property, the Tenant may have rights to a five year term if they have been in occupation and paying the Rent for at least six months. The Landlord may also be able to enforce the five year term created by the Act. It would be wise, if you are in this situation, to seek legal advice.
A. You are required by the ATO, assuming you are registered for GST, to send them 1/11 of the amount you charge your tenant for outgoings so you should definitely charge your tenant GST on top of the outgoings.
A. Registration of a lease means that it will be noted on the title to the land and therefore a future purchaser will have to abide by the terms of the lease. Generally registration is of most benefit to a tenant and as it is not generally to the landlord’s detriment you should probably allow it. It would pay to discuss it with The Lease Bureau first, however as there may be costs involved for the Landlord as well as the Tenant.