Rental clause question - Any solicitors out there?

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Artaud
Participant
@artaud
Join Date: 2006
Post Count: 97
April 13, 2007 - 9:56 pm
Hola,
Further to one of my previous posts about offering the Department of Housing a long lease (https://www.propertyinvesting.com/forums/property-investing/help-needed/4320113) I'm hoping there's a solicitor or clause expert out there willing to discuss a clause with me. I'm happy to do this openly in the forum or privately if you would prefer.
Here's the story in a nutshell: The Dept of Housing (NSW) has offered us a 3+3 year lease on a residental property. Our only real reservation at this point relates to our subdivision plans. The existing house is at the front of a big block and we are drawing up plans for a DA submission seeking battle-axe subdivision and building permission for a second house out the back. The existing house will remain. This new house will use the same driveway as the existing house and will involve demolishing the existing garage (such as it is). It will also affect a gazebo in the back yard (ie. it will have to go). A preliminary approach to the DoH has indicated that they would be happy with our development as long as it didn't effect the existing house.
Basically we want to insert a water tight clause into the rental contract whereby we reserve the right to execute these development plans without negating the lease.
Anyone willing and able to help out here? The paying of Professional fees are not a problem.
Cheers,
Art
'Great spirits have always encountered violent opposition from mediocre minds.' – Albert Einstein
raddles
Member
@raddles
Join Date: 2006
Post Count: 187
April 13, 2007 - 10:39 pm
Hi there
I think you already have drafted the beginning of your clause above – nothwithstanding the rights created in the lease between x and y, we reserve the right to progress the development/subdivision plans attached.
You should check with a NSW solicitor as to any current legislation which will impact upon your clause – it is in your interest to do so as they are covered by professional indemnity insurance if there is any problems.
If you would like any recommendations for NSW solicitors – please contact me – as I note that I did work as a solicitor in NSW and still have friends who are practising there.
thanks