Retail Lease Advice
- Advice on forced relocation
- When things get legal
- Relocation and demolition
- Peaceful Enjoyment
- Misleading and Unconscionable Conduct
When things get legal.
As soon as a problem arises, talk to Retail Lease Solutions. The sooner you get on top of the problem, the easier it will be for everyone - landlord, tenant and your advisor.
If you feel that statements made to you, by the landlord, his agent or some person acting on the landlord’s behalf, prior to you entering into the Lease are false and if you had known the truth you would not have proceeded with the Lease, you may have a claim against the landlord either in damages or rescission of contract. These statements must be corroborated either by someone who heard those statements having been made or from correspondence. You must incur a loss in order to claim.
The first step when a claim is made is to seek mediation with the Retail Tenancy Unit. Retail Lease Solutions can help you complete the paperwork, prepare your case and attend the mediation. Mediation may settle the dispute or if it does not settle, the matter can be referred to the Administrative Decisions Tribunal. Again, you should not undertake your own representation at these hearings. There’s a good chance your landlord will be represented, so you will want to play on an even playing field. Issues relating to Fair Trading Act and Trade Practices Act need experienced advice as they can give rise to complex arguments on both sides.
You must get at least three months notice in writing about the move. The Act provides for reasonable costs of your relocation. A Lease which does not contain a compensation clause in the event of relocation should be re-negotiated before it is signed.
In the event of a demolition and the lease provides for this occurrence, the landlord must give you at least six months notice that the lease will cease as a result of the demolition. During the six month notice period, you can terminate the lease in writing upon giving seven days notice.
This provision which is contained in all Leases gives rise to many claims. If your business is affected by something your landlord is doing, eg construction work in the building, which affects your business financially, you may have a claim under this provision. If the particular disturbance was disclosed to you when you were issued with the Lessor’s Disclosure Statement, your right to compensation may be limited as you had the choice whether to proceed with the Lease or withdraw. Once a disturbance occurs, you must give the landlord notice to cease and desist. Keep a record of when the disturbances occur, the level of inconvenience, the affect on staff and income.
Landlords must give two months notice if they want to do works that may interfere with your business.
Misleading and Unconscionable Conduct
it is often obvious that one party has lied to the other which has the result in the misled party acting to their detriment. Once a party has sustained loss as a result of false statements or improper conduct, a claim may arise. Corroboration will be required to sustain the case such as statements having been made in the presence of others or in correspondence. Any compensation awarded because of the improper conduct will be directly related to the negative affect it has had on a business.