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A leases commercial premises to B. The permitted use of the premises is a restaurant and a coffee shop. The term of the lease is
A leases commercial premises to B. The permitted use of the premises is a restaurant and a coffee shop. The term of the lease is 5 years with a 5 year option. The premises are located on the 3rd floor. The common areas of the building are under the control of A. In the 2nd year of the lease, A sells the building to C. C has plans to redevelop the entire building and replace the commercial tenancies with serviced apartments. C tries to negotiate a surrender of the lease with B. B refuses to negotiate. Shortly thereafter C stops servicing the lifts and escalators which carry patrons of the business to the 3rd floor. Access can only be safely guaranteed by the stair well. C carries out repairs to the common areas during business hours, and the works partially obstruct the front entrance of the restaurant. C also has refused to service the central air-conditioning unit, and in the summer months the temperature in the premises is stifling, and B must install its own air-conditioning. C finally has permitted the adjoining premises on the 3rd floor to be used for the storage of highly hazardous materials, which C is aware contravenes Council regulations regarding food preparation premises. With reference to legal authority, advise B on the property law issues.Refer to quiet enjoyment and Norden v Blueport Enterprises Ltd [1996] relevant statutes of Retail Leases Act 1994 (NSW).Then discuss assignment privity of contract,privity of estate and sections ofConveyancing Act 1919 (NSW)
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