Commercial Property Lease - Suing Tenant

Discussion in 'Legal Issues' started by thesuperman, 21st Jan, 2016.

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  1. Ian Macleod

    Ian Macleod Active Member

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    17th Dec, 2015
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    Location:
    NSW
    I can't see that Scott. I read that Ref cl 4 (1)(2) (a) & 4 (1)(3 to mean that occupancy cost simply includes turnover rent. If the occupancy cost exceed $1,000,000 per annum the act does not apply. I don't dispute that turnover rent is rare in commercial leases but I can't see how it has any relation to the type of business that is carried on in the premises.

    http://www.vsbc.vic.gov.au/wp-conte...-Retail-Premises-Guidelines-December-2014.pdf

    Most tenants who provide services engaged in "retail provision of services"
     
  2. Chilliblue

    Chilliblue Well-Known Member

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    18th Jun, 2015
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    1,605
    Location:
    Australia
    Why is your agent not dealing with this matter?

    The landlord and their agent can only communicate with the lessor or their appointed representative. Any other person/s could be breach of the Privacy Act and will definately leave you and your agent open to being sued.

    The lease will clearly state what action you can undertake and the timings of those action. Normally if a tenant is in substantial arrears then the landlord has a right to call in the bank guarantee/security deposit and a formal request to replace that guarantee is made.

    Note that changing locks on a ongoing business who has only just entered into arrears is not the smartest idea as it could breach your lease terms and end the lease and the lessee's responsibility.

    If you want, PM a copy of the lease omitting the landlord and lessee details and I can give you more specific advise.
     
    158 likes this.
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Sydney
    Why is your lawyer not dealing with the legal issue ? The REA should have a property specialist on their books if you don't know one.