Understanding Commercial Law in Australian Business

Understanding How Property Law Works

As far as property ownership is concerned, all home and premise owners are expected to adhere to legislations and policies as defined by property law. This unique type of legal system is responsible for the governing of properties deemed to be publically accessible including offices, rental accommodations, family homes and movable/ immovable property alike.

It addresses issues relating to ownership of land and homes, as well as rental agreements, safety regulations and particular residential activities. Landlords are considered owners, with renters being deemed temporary residents. Both parties are subjected to their own responsibilities as defined within contractual agreements and it’s when these agreements are called into question that property legalities are undertaken.

How does this type of law work?

Whenever someone purchases a property, they will have to undergo a variety of formal procedures in order to re-assign the ownership of the premises. This procedure can be very technical and is best left to a property lawyer, as they will understand what needs doing and how best to do so. Other instances relate to once the property has been purchased, as the owner will have a set of obligations that they must cater to regardless of what they use the building for.

Landlords must adhere to guidelines that dictate the way in which they are able to advertise, how long they are able to rent and any costs of maintenance. Owners are responsible for all activities relating to the foundation and structural integrity of a property, so if anything goes wrong they will be required to ensure that the home is fit for purpose (for tenants).

Tenants and renters on the other hand are only governed by policies that relate directly to their stay. Unique terms and conditions can be implemented under the agreement of tenant and landlord, but any that fall outside of regular terms (such as the admittance of pets) will be decided by a judge/ team of peers in court.

In all of the above instances, the law caters to landlords, tenants and anyone present within the property. The most common cause of disagreement relates to rental contracts where a landlord might not be receiving rent, or if a landlord isn’t looking after the property to ensure safe accommodation for their tenants. Be aware that this type of legal work does not fall under the remit of a criminal lawyer as it is civil law.

There are other cases where this law is applicable – usually when public property is used for work, or when immovable property is called in to question. If a premises is static (as with houses and offices), or portable (as with caravans and motorhomes), then the law will apply and the best way to get to resolve an issue is to seek the advice of a legal professional. For more on legal advise visit Hale Legal