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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
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I need advice on a commercial lease. I think its heavily

Customer Question

I need advice on a commercial lease. I think its heavily biased towards the landlord.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

I am Leon and a solicitor in Sydney. Thank you for your question and I will do my best to assist you

Most commercial leases are in favour of the landlord. Have you signed it?

Customer: replied 1 year ago.
I need someone to tell if the lease I currently have has very onerous conditions (and if so, what are they?) as it may fall into the hands of an unscrupulous landlord (the other tenant) if the property is purchased. If the lease is problematic I will need suggestions as how to rectify it. This circumstance is the basis of my question.To answer your question. Yes, I have signed it. The tenant that has moved in wanted changes made so a new lease has been put forward but not yet signed. I can attach the existing lease that I have signed (cant see how to attach a doc though).There has been breaches to my rights (as I see it), they are:
1) The bathroom was removed so I had no access to it.
2) The garden was allowed to become completely overgrown.
3) The new tenant told myself and the landlord that he would seek to use legal means to enforce my 'permitted use' (my business sells sheds and homes and it stated this purpose in the lease) to prevent me from operating the business I had later decided I intended to operate in that location (an admin outsourcing business). He was aware that (at the time) I was being obstructed from having my shed business there (by another unrelated party) and he felt he could use this predicament as a wedge to get me to accept a change of terms (i.e. my lease terms and rights he was well aware of when he signed his lease) or force me out altogether. He wanted to do this because he was very much hoping to prevent me from using my normal access (proposing unsuitable access on the other side of the building) and also to prevent me from putting up any of my allowable signage. When the other tenant signed his lease I think he presumed that I was probably going to leave - the landlord has repeatedly told me I can break the lease if I choose to, I don't have this in writing.Happy to discuss this on the phone if it helps clarify.
Expert:  Leon replied 1 year ago.

I am sorry but I cannot do that

That would mean I would take you on as a client and in that case I would have to charge you my hourly rate.

You have to make an appointment and see a Solicitor and get detailed advise.

The general fee on a lease is $1500.00 plus GST and any other disbursements as it involves time and searches and negotiations

Expert:  James D. Ford replied 1 year ago.

Hi, I will send you and offer of a 20 min phone call to discuss the existing lease. To be clear this is not a lease review, but a general time limited discussion, where I will answer your queries as clearly as possible within the allowed timeframe.

If you decide you want a lease review, this is a legal service, and we can discuss your options, as well after your 20 minutes of questions.

Kind regards, James

Expert:  James D. Ford replied 1 year ago.

If you accept - the phone call will be on Monday, cheers, James

Customer: replied 1 year ago.
Hi Leon,Thanks for letting me know that you couldn't answer the question I asked, I thought you could answer it. I'm sorry you couldn't help with my problem in any way. I have access to solicitors already and do not need a recommendation.Regards,Bevan
Expert:  James D. Ford replied 1 year ago.

Hi Bevan, I can assist you.. let me know if you decide to accept me offer to discuss the lease in detail with you, cheers, James

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