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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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Have been trading month no lease signed we want out given ok

Customer Question

have been trading for a month no lease signed we want out given ok by previous tenant
Submitted: 11 months ago.
Category: Australia Law
Expert:  Patrick H. replied 11 months ago.

Thank you for your question.

Could you elaborate on your situation and why you want out of the lease?

Are you the Landlord or the tenant?

Customer: replied 11 months ago.
hi we are the tenant , my wifes working partner has gone leaving her with everything we where told the lease would be here to sign a month ago , now my wife has hurt her shoulder , the business is chinese massage , we have spent 10,000 dollars so far on plant beds etc , also paid 2,700 to axia application for assignment of lease , hope you can help us this has got very messy thanks wayne morfett .
Expert:  Patrick H. replied 11 months ago.

If you haven't signed a lease then you may be able to get out of the lease but it will depend on a close examination of your situation and exactly what you negotiated with the old tenant and landlord. Only a fully briefed lawyer can give you a firm answer on that question, but I think if you engage a lawyer they would have good prospects of negotiating a way out on a reasonable basis. In any event, I would certainly recommend you NOT sign any lease document until you have sought comprehensive advice.

Even if you cannot simply walk away from the lease you you should still be able to get out once a new suitable tenant is found.

Regardless, you are unlikely to be able to recover any of your expenses in refitting the property for your business and would ordinarily have to pay to reinstate the property to its original state when you first moved in.

Your situation is somewhat complicated because you have contractual obligations and general legal obligations which may affect how this resolves. If you cannot reach a simple satisfactory exit with the former tenant and landlord, then I would strongly recommend engaging a suitable lawyer to review your case in detail. Litigation is a possibility, but a good lawyer should give you a good chance of negotiating a satisfactory outcome.

If you need help locating a suitable lawyer, contact the WA Law Society:

https://www.lawsocietywa.asn.au/

I trust the above assists.

PLEASE RATE MY ANSWER.

Patrick

Customer: replied 11 months ago.
thank you have engaged a lawyer so i see its not simple thanks for your time
Expert:  Patrick H. replied 11 months ago.

You are welcome.

PLEASE RATE MY ANSWER.

Patrick