tag:blogger.com,1999:blog-442066473912429986.post7343246420830446318..comments2023-06-02T02:04:23.891-07:00Comments on Robert Hay Senior Counsel Commercial Law: Recovery of outgoings and the November 2012 LIV LeaseAnonymoushttp://www.blogger.com/profile/10050476951543777568noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-442066473912429986.post-70681760334574172112013-09-26T12:49:04.000-07:002013-09-26T12:49:04.000-07:00It is the best time to make some plans for the fut...It is the best time to make some plans for the future and it's time to <br>be happy. I have learn this post and if I could I want to <br>recommend you some attention-grabbing issues or advice.<br>Maybe you could write subsequent articles referring to this article.<br>I desire to read even more things approximately it!Lourdeshttp://kharaone.free.fr/DI/profile.php?mode=viewprofile&u=32885noreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-64085361035821958722013-03-15T22:11:14.000-07:002013-03-15T22:11:14.000-07:00Thanks in favor of sharing such a pleasant thinkin...Thanks in favor of sharing such a pleasant thinking, article is pleasant, <br>thats why i have read it fullyseven dollar clickhttp://sevendollarclick.edublogs.orgnoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-23047779130867548922013-04-18T10:54:26.000-07:002013-04-18T10:54:26.000-07:00I'm not positive where you're getting your...I'm not positive where you're getting your info, but good topic.<br>I must spend some time studying much more or working <br>out more. Thanks for wonderful info I was in search of this information for my mission.Carrier Bagshttp://www.electronichouse.com/forums/member/139100/noreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-36626751664840442202014-02-28T03:39:22.000-08:002014-02-28T03:39:22.000-08:00It appears your argument is that s.251 only applie...It appears your argument is that s.251 only applies if the landlord doesn't do the work when required to do so. And since for example Reg 1217 only requires the owner 'to ensure' the work is carried out, the owner can require the tenant to do it. I think the requirement 'to ensure' the work is carried out means that the owner is required under the Act to do it, and that being the case, if the tenant has done it - the owner hasn't and therefore under s.251 the tenant can look to the owner to pay for it (which can't be excluded). It is not clear that Parliament meant that on the one hand the owner has to do it, but then on the other, can pass on those costs to the tenant.Paul Roebucknoreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-87628403816174200272013-06-28T23:30:29.000-07:002013-06-28T23:30:29.000-07:00This piece of writing gives clear idea for the new...This piece of writing gives clear idea for the new visitors of blogging, that genuinely how to do running a blog.safety equipment vendorshttp://thecoastnews.com/2013/03/district-hosts-contest-for-water-wise/noreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-39666779278356483372014-01-28T03:08:00.000-08:002014-01-28T03:08:00.000-08:00[…] [7] Robert Hay, Recovery of outgoings and the ...[…] [7] Robert Hay, Recovery of outgoings and the November 2012 LIV Lease <http://roberthaypropertybarrister.wordpress.com/2013/02/07/recovery-of-outgoings-and-the-november-20…>. […]Outgoings Disclosures and s 52 of the Retail Leases Act | Roger O'Halloran & Company - Geelong Barristers & Solicitors : Roger O’Halloran & Company – Geelong Barristers & Solicitorshttp://rohc.com.au/outgoings-disclosures-and-s-52-of-the-retail-leases-act/noreply@blogger.comtag:blogger.com,1999:blog-442066473912429986.post-55667813452263197272014-02-28T02:34:29.000-08:002014-02-28T02:34:29.000-08:00What SM Riegler said at 64 and 69 quoted in your b...What SM Riegler said at 64 and 69 quoted in your blog above is very clear. He said that the obligation to bear the cost rests with the owner, and that can't be contracted out of (presumably because of s.251(6) of the Building Act. He said also at para 119 in the decision that the cost of ESM is to be borne by the owner and not the tenant. So particularly given his comment that it can't be contracted out of, how can it be said that it is still not clear about whether a landlord can pass on ESM compliance costs to a tenant as outgoings? The decision is very clear on that point - they cannot be contracted out of according to SM Riegler.Paul Roebucknoreply@blogger.com