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I in a lease for another 6 months i have told the agent that…

Customer Question
Hi i in a...

Hi i in a lease for another 6 months i have told the agent that i purchased my own property and the agent put it up for lease which they did about 2 months ago the price they put it up for is $47852 plus gst and outgoings there is 2 interested parties 1 that said would take the property put all the paper work in all good then the landlord said to the agent they want another $30000 per year as its a big company the other parties said we will take it and once the landlord found out it was a burger place that wanted it said to the agent that they want $120000 per year and i just want to know were i stand thanks.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Melbourne and its a commercial property

Lawyer's Assistant: Has anything been filed or reported?

I have spoken to the agent and he just said to me that the landlord is unrelistic

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I thing since i have done the wright thing and the landlord is unrealistic i should have a wright to leave

Submitted: 11 months ago.Category: Australia Law
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Answered in 2 minutes by:
9/14/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,892
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

Is this a lease for a shop or a house?

What rent were you paying?

What state in Australia are you in?

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Customer reply replied 11 months ago
It's for a caryard rent is $47852 PA PLUS OUTGOINGS and I'm in Melbourne
Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

Are you assigning over your lease to them or are they getting a new lease?

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Customer reply replied 11 months ago
They would be getting a new lease
Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

If that is the case the landlord can ask fro what they want.

But if the rent they are requesting is not market rent and they cannot rent it then they are doing themselves a disservice.

Have they agreed to you breaking the lease early subject to them getting a new tenant and have you got anything in writing?

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Customer reply replied 11 months ago
but the parties that want are willing to pay the price it is advertised for at $48000 plus outgoings but when the landlord finds out which company wants it he is asking for more rent then what its advertised
Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

This is an issue between the landlord and the new prospective tenant.

You can only rely on what agreement you have with them. If they have agreed to let oyu out of the lease provided they find a new tenant then you have a case to say a tenant was found and you want out.

If they try to then sue you for the balance, you would defend the suit based on what they are doing now being greedy.

I would suggest you have your solicitor send a detailed letter setting out your position to make sure that the landlord is aware of what will happen.

You should also try and get as much information from the agent to back up what is happening.

Any email confirming what you are telling from the agent will give you a very good case.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

Regards
Leon

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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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