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

Customer Question
Customer: Kerrie ***** ***** JA...
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
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Customer reply 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 reply 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 :(
Answered in 5 hours by:
12/12/2015
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,085
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

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?

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Customer reply 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
Solicitor: Leon, Solicitor 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?

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Customer reply 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 reply replied 1 year ago
NSW
Solicitor: Leon, Solicitor 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.

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Customer reply replied 1 year ago
Ok,
Solicitor: Leon, Solicitor 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.

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Customer reply replied 1 year ago
No it's not retail
Solicitor: Leon, Solicitor 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.

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

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Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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