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I have a peppercorn lease where I have leased back my farm…

Customer Question
Hello I have a...

Hello I have a peppercorn lease where I have leased back my farm from the purchaser. I have had one extension of the lease for another 3 years.

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

WA

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

Yes we have a legal lease document

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

The owner now wants to terminate the lease 12 months prior to its expiration. They are happy to pay for my relocation of my assets to somewhere else and have offered another inferior property to lease( which I do not want to lease). I have spent money on fertilizer for next years pasture crop and would I estimate losing $45000 net income if I walk now prior to next season crop of hay that I would have produced and then sold. Am I legally able to be compensated for loss of income if I leave the property and agree to terminate the lease 12 months early?

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/30/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,335
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Solicitor: John Melis, Lawyer replied 7 months ago

you can seek compensation against the lessor where you have suffered a loss.

Have you consider this point ?

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Customer reply replied 7 months ago
I calculate expenses and loss of income to be around $49,000.
Solicitor: John Melis, Lawyer replied 7 months ago

what does the termination clause of the lease say ?

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Customer reply replied 7 months ago
I cannot see a early termination clause in the lease document, apart from if I breach some condition
Solicitor: John Melis, Lawyer replied 7 months ago

ok.

would you like to talk on the telephone to discuss this important matter as it might be easier for you ?

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Customer reply replied 7 months ago
not at the moment
Customer reply replied 7 months ago
I just wanted to confirm if I should be compensated for loss of income because the lessor wants to terminate the lease early
Customer reply replied 7 months ago
haven't had an answer
Solicitor: John Melis, Lawyer replied 7 months ago

yes you should be compensated for the loss amount that you have incurred

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