Postgraduate - UnitLAW5300 - Commercial tenancy law

This unit entry is for students who completed this unit in 2015 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.

Level	Postgraduate
Faculty	Faculty of Law
Offered	Not offered in 2015

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
Previously coded as LAW7009

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

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; and 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

On completion of this unit students will be able to:

apply knowledge and understanding of the laws regulating the rights and duties of landlords and tenants in a commercial lease with creativity and initiative to new situations in professional practice;
investigate, analyse and synthesise complex information, problems, concepts and theories in relation to 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 lease;
Conduct research into commercial tenancy law based on knowledge of appropriate research principles and methods; and
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to commercial tenancy law.

Assessment

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

Workload requirements

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