Australia Law
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Answered in 18 minutes by:
7/27/2011
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,731
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Afternoon
Have you done a title search to see if the Company on the lease as the Lessor is the owner of the property?
Good Morning
The lease is not void because of them claiming the GST.
The reasons that you mention are not reasons to class a lease as unreasonable.
By singing the lease you entered into a contract. The only way you can get out of it is if they agree or to terminate the lease because of a breach of a condition by the landlord.
You may be able to leverage the fact they are no registered for GST and collecting it to have them agree to let you out of the lease.
Speak to the ATO and ask what the penalties are if this happens. I know it is fraud and the ATO will act.
If there were guarantees made by the landlord and they are in the lease you may be able to use that to mount a false and misleading claim. But this is not a standard thing in Retail Leases.
Only if the landlord agrees to allow you to walk away will you be able to break the lease.
Alternatively try and sell the business and the new owner will be liable for the lease.
I hope this is of assistance and if so please click on the accept button.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,731
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
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