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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have 4 months left on lease. The Centre im in is poorly

Customer Question

I have 4 months left on lease. The Centre im in is poorly maintained and my shop leaks when it rains and i have damage to bathroom and spray tan room and stock room. The water also comes down the wall and there is a concern with staff using hair dryers if water gets into power points. I have been asking body corporate and owners for over 3 years to fix but not done. Toilet block is dirty and birds nest there and poo over every time. I have found other good premises and want to move. Is this enough to break lease? The water damage is bad enough that my shower room ceiling fell in and we replaced it.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Have all of these issues pointed out the landlord and the centre management, have they been in writing or just verbally?
Expert:  Leon replied 1 year ago.
Good Evening
I am just following up my last post. Do you still need assistance?
Customer: replied 1 year ago.
Hi Leon, I only just noticed your answer, I receive so many emails and missed this. I was wondering why you didn't get back to me! Yes I have let them know verbally and in writing. I have definitely decided to move but I need to know if my lease is valid and I therefore have to honour last 4 months or invalid. My shop was sold to a new owner by the bank which repossessed it from previous owner. My lease had already run out and they told me I had to have a one year lease and could then renegotiate with new owner. The lease was drawn up a few days prior to being sold and was signed after auction. The name on the lease is the old owners who lost it to bank. I have nothing to say the new owner holds a lease for me. Should I have a legal lease doc or assignment doc showing the new landlord and if I should but haven't then does that make my lease invalid, if in case it does then I should be able to move whenever?
Expert:  Leon replied 1 year ago.
Good AfternoonYou have to put all of it in writing as anything verbal is hard to prove. You have a valid lease and unless they agree to you terminating early you will be liable for the balance of the lease and have to pay the rent.Did you have the leased assigned over to you from the old owner? If not then they will have difficulty suing you under the lease. Did you have a solicitor acting from you when you had the lease assigned?
Customer: replied 1 year ago.
Hi Leon, I don't have anything signed that shows the old owner assigned the lease to the new owner. I only have a one year lease with the old owner still named as the landlord. I couldn't afford the legal fees at time so no solicitor. I spoke to the real estate agent that did the sale and he told me that he advised the new owner to have the old owners name removed and his put in but he didn't do this and I signed the lease as was, with the old owners name on it.