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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42652
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I bought running business the lease remained under the

Customer Question

i bought running business the lease remained under the previous tenant. I asked the landlord to prepare lease for one shop as second shop was empty. both shops under one roof but has access in the middle. the landlord forced me to have second shop as well as it is a one shop. I paid only one shop rent which was in my use and did not pay the empty shop rent. The landlord has changed the locks. What my options are?
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
The landlord changed the locks without any notice given. He says pay the update rent for the empty shop then he will ask the agent to unlock the shop. I do not want to sign the lease for two shops as it would be hard to cover the rent. I want only one shop which is in my use the empty shop. can I sue him for loss of business and loss of investment in the business and can I take court orders for the possession of my shop equipment? I did not signed any lease I bought the business walk in walk out basis and did not have any paper work done. what my options are?
Expert:  Leon replied 1 year ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

When you purchased the business did the original owner lease both shops and was the lease assigned over to you?

What did the lease say about the rent and what you had to pay?

Customer: replied 1 year ago.
sorry for delay, the lease told me about the two shops and rent but I said to him that I want only one shop and he said that you can talk to the owner and sort out if one shop or two by this time I had already paid the money and he did not told to the landlord that he is selling his business to me and did not made arrangements to transfer the lease on my name, now the owner is asking me to pay rent for two shops but I am paying for one shop not paying for empty shop, the owner locked me out last Saturday for not paying rent for the empty shop which is not in my use, now my question is can he lock me out for not paying rent for the empty shop which is not under my use? second question is am I entitled to sue the owner for loss of trade if he lock my shop again?
Customer: replied 1 year ago.
what is your mobile or phone number so I can talk please.
Expert:  Leon replied 1 year ago.

Good Evening,

Was the lease assigned over to you or is it still in the previous business owners name?

Did you enter into a contract for the sale of business and was the lease part of that contract?

Customer: replied 1 year ago.
no contract or lease was signed, the current lease is still under the previous business owners name.
Customer: replied 1 year ago.
I do not understand your charges system how does it work, could you please tell me how do you charge me for this conversation and how do I pay?
Expert:  Leon replied 1 year ago.

Good Morning,

You have made an offer to pay an amount. That is all you pay once you are satisfied.

How are you going to prove that you own the equipment in the premises?

Expert:  Leon replied 1 year ago.

Good Morning,

If you can prove that you own the equipment and that it is not the property of the tenant then you can get orders from NCAT to have it removed.

The Landlord can only lock out the tenant on the lease and you are not the tenant as the lease was never assigned over under the law.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon