Breach of Lease
If there is a significant Breach by either party, the Lease may be terminated by the injured party. Before doing so, be very careful that the Breach entitles you to end the Lease. Consult Retail Lease Solutions before taking this action. The Lease may provide for notice to be given once a Breach arises and for a reasonable time to elapse for the breach to be rectified before termination. However, non payment of rent is an essential breach and the lease can be terminated and you can be locked out without notice. If this happens to you, call us immediately. This can be a time when emotions run high and you may think you can terminate the Lease when in fact it would be inadvisable to do so. Tread carefully and take your time to decide and get advice before you act.
Want to break your Lease?If business is not doing well, you should retain Retail Lease Solutions to negotiate a way out with your landlord. You cannot simply give notice and vacate. You have a legal obligation, having signed a Lease, to continue paying rent and charges until the Lease expires or a new tenant is found. Any negotiation with the landlord may come down to cutting a deal in the form of a payment to walk away. You may be able to assign the Lease to someone which means that some else takes over your Lease. This assignment must be approved by the landlord and how you present it for approval is important. We can assist in this process.
Who Repairs What?
A common complaint from tenants arises when essential services equipment (sprinklers, emergency lights, exit lights, fire extinguishers and hose reels) and plant and equipment which was in the premises when you entered into occupation, breaks down and requires repair or replacement. Internal light fittings should be operational when you start your Lease, but they become your responsibility after that. Air conditioning which belongs to the landlord which breaks down must be fixed within a reasonable time frame by the landlord. Split systems may be the responsibility of the tenant if a provision in the Lease says so. Leaking taps, drains, telecommunication cabling breakdowns and power black-outs are all areas which require intervention by an experienced negotiator.