Szabo & Associates News & Updates

The recent case of Tawadros v Grubisic (2020), heard by the NSW Civil and Administrative Tribunal (NCAT), illustrates the obligations of landlords and rights of tenants in special circumstances such as the COVID-19 pandemic.

It may come as a surprise but owning a property does not necessarily confer exclusive rights to it. Situations may arise where an owner might have to concede that others have rights, including the right to cross over their land. In this article, we look at whether a right of way can be created against the land owner’s wishes.

Disputes over the disposal of jointly owned properties are not uncommon and can arise in numerous situations. If, for example, a couple splits, one party may not want to sell the jointly owned property.  Alternatively, a party may have inherited a share in a property in a Will or have put money into an investment property, and there is resistance to making a disposal by joint owners.

Development Control Orders (Order) are important to Councils as a method of dealing with compliance issues. The authority for these comes from the Environmental Planning and Assessment Act 1979 (EPA). Failure to comply with an Order can have financial and legal consequences for the recipient.

As indicated in our April Newsletter, we outline below the NSW Government’s recent response to the Australian Government’s National Cabinet Code of Conduct (Code) in respect of retail and commercial leases in the wake of COVID-19. The Code applies to small and medium-sized tenants suffering “financial stress or hardship” because of COVID-19, applicable where the tenant has an annual turnover of up to $50 million and is eligible for the national JobKeeper programme.