Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

This unit studies and analyses the agreement for lease; the problems arising in a determination of the subject matter of the lease; assignment by lessor or lessee and its effects eg. the enforceability of covenants in the lease by and against mortgagees after assignment; the effect of assignment under the Retail Leases Act 2003. It analyses problems arising in the interpretation of some common covenants eg. outgoings; repairs, quiet enjoyment; insurance; user; options; and studies rent and rent review clauses as well as default and remedies. Specific reference to relevant legislation eg. Retail Leases Act 2003 is included in all topics.

Objectives

Upon completion students should:

1. Have a general understanding of the laws regulating the rights and duties of landlords and tenants in a commercial lease;
2. Have a detailed understanding of the law and the way in which it is applied with respect to a number of areas of current interest and concern in the area of commercial leases;
3. Be able to identify or find relevant principles, laws and precedents and apply them to resolve current problems relating to a range of relevant transactions; and
4. Have developed legal research and writing and legal skills by undertaking systematic research into legal policy and rules pertaining to the commercial lease.

Assessment

One research assignment (3,750 words): 50%
One take-home examination (3,750 words): 50%

Chief examiner(s)

Dr Damien Creamean

Contact hours

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Prerequisites

LAW2102 and LAW3402 or LAW7429 and LAW7270, or equivalent