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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5771
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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We are selling our news agency and exchanged sales contract

Customer Question

we are selling our news agency and exchanged sales contract in middle of May subject to a new lease.
we have three solicitors work on it my solicitor, buyer's solicitor and landlord's solicitor
they said they have not received instruction from the landlord therefore, we have to wait.
we could loss the sales of the news agency if we unlimited waiting.
I found this nsw retail lease act 1994 section 41. it says Procedure to obtaining consent to assignment
(b) The lessor must deal expeditiously with a request for consent and is taken to have consented to the assignment if: (i) the lessee has complied with paragraphs (a) and (b) and (ii) the lessor has not , within 28 days (or another period prescribed instreas by the regulations) after the request was made or after the lessee complied with those paragraphs whichever is the later, given notice in writing to the lessee either consenting
or withholding consent.
we have done our paragraphs and provided all the information they need but landlord think he is too busy to look them.
please advise what should we do or we can do?
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
HelloI would send a letter formally demanding that they adhere to the lease within 7 days or terminate the contract. it is almost August, they cannot wait this long for something so simple. There is no justification, at all for the delay.
Expert:  Daniel replied 2 years ago.
The Solicitor is opening themselves up to be sued for delay