Estate law varies from state to state. Super law is pretty consistent. Generally, the nomination of a beneficiary in super overrides any directives in the will.

Marriage makes all previous wills void. Your father should get his affairs in order asap – that said he can probably write a new will on his deathbed & revoke the one you’ve seen.

So am I right in my understanding that, in a nutshell – the trust is just a way of separating some assets from others & doesn’t provide any protection if the owner/trustee of that asset is sued. The trust can still lose the asset. If I have 3 Properties in the trust, they are all at risk but if they were in independent trusts they would be quarantined.

as above, anyone can manage a property for themselves but when it is not your property, the government has stepped in to prevent unscrupulous operators ripping off owners or preying on tenants. Penalties do apply, regardless of whether or not you collect the rent, sign the lease etc.

For the pittance it costs the owner, they get a receipt & tax…[Read more]

If it touches the ceiling, the building code of australia calls it a wall. If it is a wall, you require a DA. If you have to get a DA, you will need body corporate consent.

Do you want the liability of having extended a path of travel in the event of an inquest?

you can always put a dogleg into the wall.

Generally if the work involves the penetration of the building fabric ie the common property (this includes drilling into walls/ceiling/floor) or the work requires development approval by council (eg erection of a wall or exceed certain expenditure), then you will require BC consent.

As a reasonable fall back position, I am using
http://www.onthehouse.com.au

But I will possibly take up the free CMA on rpdata

you could probably come to some arrangement if you express how frustrated you are with the agent & you might walk.

no issues at all – you usually give 30 days notice

have the pm officially notify breach of lease for overdue rent. Seek quick hearing @ vcat. Continue seeking a replacement tenant.

What is contained in the victorian lease regarding break?

Thx Paul, I just didn’t have access to the PSBA for the quote.

it’d be degrading to ask a lawyer to fill out a tenancy form. It is downloadable from the net & so simple a property manager can do it.

Silence = something to hide.

Ask to see agency references & check them. I have heard that some agents fake them so check them thoroughly ie ask for long term clients, dissatisfied clients & the tenant as well.

A full real estate license is required unless you are working under someone else’s corporate license.

Whilst you’ve got the income, you should still consider salary sacrifice as this is taxed at only 15% not your marginal rate.

Why lose an additional 30%+?

I’d be pulling the covenant apart – either a town planner/lawyer/surveyor to advise on the type of development which would comply with the LEP & get around the covenant.

How many years until the covenant expires? Your DA should run for 5 years.

Does it run from the date of purchase or date of subdivision?

Silly question: if your income is so good & low expenses, why only $10k savings?

Consider starting a smsf & put $25k each before end of june as well as your existing super. Watch that you don’t exceed your cap between employer & own salary sacrifice contributions. Not only will income in the smsf be taxed @ 15% compared to your current rate…[Read more]

in a standard residential lease, there is no demolition clause. The tenant is entitled to ‘quiet enjoyment’.

If the garage fell over due to disrepair, it could be considered loss of amenity but wilful destruction would breach the lease.

Wait until the lease nears expiry & either serve notice or negotiate a new lease acknowledging the works.

see comments under carpark in the General Forum

have a look at your lease. Generally, if you have given notice, are within the last 30/60 days of your lease etc the owner has the right to relet the premises. They do not need your consent.