How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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
14265171
Type Your Australia Law Question Here...
Deborah Awyzio is online now
A new question is answered every 9 seconds

Kerrie ***** *****
, I have been locked out of my

Customer Question

Customer: Kerrie ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: I have been locked out of my business by the landlord. We pay him cash in hand for the rent and it was suppose to include electricity and water. After 18mths he slaps us with a $2500 electricity bill, changed the locks and told us we are not getting back in until we pay it by cash only. We have customers boats, cars and car parts. We jcannot work at all.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Australia Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Our payment for rent has always been the 12th of each month and we pay for the month we have just had. This was a verbal agreement. We done a job for Ross Transport (landlord - repaired his Fibreglass Katamarang) invoiced him and he told us the job was supposed to be done for nothing and he was not paying it. This is when he locked us out of our business, with no tools of our trade and no way of making any money. He expects us to pay him $2240.45 electricity including GST Nov rent $750 and rent in advance for Dec $750. All this is to be paid up front in cash and then we are to pay him weekly rent. We are only a new small business and do not know what to do now. I dont have that amount of cash and have desperately been trying to get a loan to pay him so we can get our customers goods back. Im desperate please help :(
Customer: replied 1 year ago.
Customer: Kerrie ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: I have been locked out of my business by the landlord. We pay him cash in hand for the rent and it was suppose to include electricity and water. After 18mths he slaps us with a $2500 electricity bill, changed the locks and told us we are not getting back in until we pay it by cash only. We have customers boats, cars and car parts. We jcannot work at all.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Australia Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Our payment for rent has always been the 12th of each month and we pay for the month we have just had. This was a verbal agreement. We done a job for Ross Transport (landlord - repaired his Fibreglass Katamarang) invoiced him and he told us the job was supposed to be done for nothing and he was not paying it. This is when he locked us out of our business, with no tools of our trade and no way of making any money. He expects us to pay him $2240.45 electricity including GST Nov rent $750 and rent in advance for Dec $750. All this is to be paid up front in cash and then we are to pay him weekly rent. We are only a new small business and do not know what to do now. I dont have that amount of cash and have desperately been trying to get a loan to pay him so we can get our customers goods back. Im desperate please help :(
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.

Do you have a lease?

What does the lease say about the payment of electricity and water, is the payment part of the rent?

Customer: replied 1 year ago.
Hi Leon,
My name is ***** ***** there is no lease just a verbal agreement between my husband and landlord. The landlord only wants cash in hand nothing on the books, when my husband moved in September 14. He told him the rent included electricity and water. 15mths later he brings a bill over for electricity. In the total monies he wants is $1500 rent. We offered the rent money to his forman on Thurday he stated "No I want all in cash and you are locked out until we give them $4500
Expert:  Leon replied 1 year ago.

Good Morning

What state are you in?

You have to take this to court and fight it and seek access.

Can you provide any evidence that you have paid the money? Or is it your word against his?

Customer: replied 1 year ago.
They have a book they right it down in when we pay it. I have some emails and a piece of paper with typed information on what rent and electricity is owing that they gave us.
Customer: replied 1 year ago.
NSW
Expert:  Leon replied 1 year ago.

Your phone call request is not working there appears to be an issue with the credit card.

File an application with NCAT commercial division and mention all of what you have told me.

But you have to show or set out the discussion where they said that in the rent that you were paying was to include the electrictiy and water.

This is important.

Customer: replied 1 year ago.
Ok,
Expert:  Leon replied 1 year ago.

Do this ASAP

http://www.ncat.nsw.gov.au/Pages/cc/consumer_commercial.aspx

Just one more quick one. Is it a retail situation where you run a shop? If so then NCAT is correct if not then it has to go to the local court.

Customer: replied 1 year ago.
No it's not retail
Expert:  Leon replied 1 year ago.

The you start it in the Local Court as it is a commercial lease.

It is verbal and it is your word against the landlords

also if he has not been declaring the income to the ATO he will be reported by the court.
This is your only option.

Customer: replied 1 year ago.
Everyone in his transport terminal pays cash for money rent
Expert:  Leon replied 1 year ago.

Good Morning

I can understand that and you can refer to this in your application but you have to set out what your arrangements were and what was said at the beginning when you were negotiation. This is what the court will be interested in.