VIC Who pays for painting . Retail lease

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
28 September 2021
3
0
1
We own a serviced apartment and lease stipulates tenant is responsible for painting. This lease was drawn up prior to 2003 and there is some suggestion that the clause is not enforceable now.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
On what basis?
 
28 September 2021
3
0
1
We own a serviced apartment and lease stipulates tenant is responsible for painting. This lease was drawn up prior to 2003 and there is some suggestion that the clause is not enforceable now.
The Retail lease act of 2003 may have pushed this onto the landlord. The vsbc would indicate this but there appears to be some debate about it. Our lease states it but leases are apparently secondary to the act.