Postgraduate - UnitLAW7009 - Commercial tenancy law

This unit entry is for students who completed this unit in 2014 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

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6 points, SCA Band 3, 0.125 EFTSL

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

Level	Postgraduate
Faculty	Faculty of Law
Offered	Not offered in 2014

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html

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.

Outcomes

Upon completion students should:

Have a general understanding of the laws regulating the rights and duties of landlords and tenants in a commercial lease;
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;
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
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 Cremean

Workload requirements

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