EXISTING LEASES

We provide specialist property law advice on the terms of your current lease documents, so that you can have the tools and information you need to make informed decisions about your existing lease arrangements.  

We can assist you to review existing lease terms in light of changes in circumstance and direction, renew leases, register leases, negotiate amendments, resolve disputes and pursue contested matters. 

Proceed With Caution

In relation to existing leases, Courts have found that serious legal steps (waiver, termination and repudiation) are often completed by the parties unknowingly and by very simple steps such as text messages, emails and conversations between parties or by other ‘typical’ steps such as changing of locks, withholding of rent etc.  

Failing to act immediately in an appropriate manner could lead to: 

• waiver - where you lose your rights as a result of the other party’s breach; 

• termination - where, based on your actions, the other party accrues a contractual right to terminate the lease and sue you for damages and/or compensation; or 

• repudiation - where you show an intention not to be bound by the lease at all, in which case the other party may accrue rights to terminate the lease and sue you for damages and/or compensation. 

 Some practical examples of this are: 

• If a tenant hasn't paid rent for 2 months and the landlord decides to change the locks to kick them out (or just to send them a message), this may constitute repudiation and the tenant may be entitled to sue the landlord for damages and/or compensation. 

• A simple text message or email to either party suggesting that you won't pursue them for a particular breach of the lease may have waived (and lost) your legal right to ever do so. 

• If a landlord accepts rent in arrears without giving appropriate breach notices, this may vary the terms of the lease (by conduct) and may be waiving (and losing) termination rights the landlord would otherwise have. Accepting tardy rent payments also makes termination for failure to pay rent much more difficult and protracted in the long run. 

• If a landlord permits a new tenant to occupy the premises next door to an existing tenant, and the new tenant's use interferes with the existing tenant's use, the landlord may be in breach of the original lease and the tenant may be entitled to terminate and/or sue for damages and/or compensation. 

• If a tenant ceases trading and ceases paying rent without the landlord's agreement, this may constitute repudiation and the landlord may be entitled to sue for damages and/or compensation.  

• If a tenant is given a notice to remedy breach and it is not completed correctly, complying with it may waive a tenant’s right to object to the notice.  

It is strongly recommended that landlords and tenants obtain legal advice from experienced property lawyers before commencing negotiations, taking unusual actions or considering any changes in relation to existing leases. 

Our team have extensive experience acting for clients in a vast array of leasing matters, and, led by Simon LaBlack, 1 of only 29 accredited specialists in property law in Queensland, our team have the expertise and technical edge to ensure that your rights are protected and to give you absolute peace of mind. Click HERE or contact us below for more information about our leasing experience.

Important Disclaimer: The material contained in this publication is of a general nature only and is based on the law as at the date of publication. It is not, nor is it intended to be, legal advice. If you wish to take any action based on the content of this publication, we recommend that you seek professional advice.