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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44867
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I'm looking at breaking my lease due to ongoing rain entry

Customer Question

Hello - my name is***** looking at breaking my lease due to ongoing rain entry into my office. Has happened on 5 occasions this year, the last time blowing up my photocopier. Lessor has assured me on 5 occasions roof has been fixed but I can' take it any longer. Can I break the lease without penalty?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: In Queensland. A standard REIQ commercial lease agreement was signed. I'm 1 year into a 2 year lease.
JA: Has anything been filed or reported?
Customer: Yes. All 5 rain events were reported to the lessor's agent. My insurer covered the damage to the photocopier on the last occasion.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

You have to be careful. Do you have your requests and the repairs that you have had to undertake in writing? If not then it is your word against hims and you will have trouble arguing a break of lease by the landlord.

You have to put the complaint formally in wetting and also seek compensation for the cost of having the photocopier repaired. If they refuse to fix the problem then use the lease to say you will be terminating it because of their breach under clause XX

If you had a solicitor act for you it is best to have them draft the letter

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Expert:  Leon replied 1 year ago.



Customer: replied 1 year ago.
Everything is writing to date - all 5 rain problems, the busted photocopier. Each time they say its fixed but rain comes in again. Is there a specific clause I can refer to in the REIQ agreement?
Expert:  Leon replied 1 year ago.

Good Afternoon

Any clause that talks about Lessors Default