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I have a shop in Gympie. I sublease and my landlord has

Customer Question
I have a shop...

I have a shop in Gympie.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

I sublease and my landlord has still not issued a lease after 1 year occupancy.

Lawyer's Assistant: What steps have you taken so far?

Ive asked her again and she refused is issue one. I’ve had my front entrance door blocked for approx 5 weeks which came under her insurance not mine. She did nothing to repair the door and the actual owner came to the party and had it repaired himself. I’m now in arrears with my rent as I’m not keen to pay for the money lost as I looked closed. She now wants me out. But even if I pay the arrears rent. She has expressed that she doesn’t want to issue me a lease.

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

Gympie Queensland. 4570

Submitted: 3 months ago.Category: Australia Law
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Answered in 7 minutes by:
3/30/2018
Solicitor: John Melis, Lawyer replied 3 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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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

Under the retail leases Act you are entitled to raise a claim against the Landlords in QCAT.

You should not delay this process and bring an action as soon as you can to protect your right under the head leases as a sublease.

You need to bring your claim against the head lease and at the same time the landlord for failure to approve the sublease.

Commencing the action will stop the landlord potentially evicting the either the head lease tenant or the sublease tenant.

You have a legal right to protect your interests in this situation.

Does this answer your important question today ?

If you need any further information please let me know and I will be pleased to assist.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars as this supports me helping the community, and thank you for using Just Answer.

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Customer reply replied 3 months ago
Hi. The sub lease was approved by the owners but my building who jo subleased to me and for the entire time has said she’ll write up a lease. But she still hasn’t done so. So wouldn’t I bring the claim to jo?? And not the owners??
Ta Dorita
Solicitor: John Melis, Lawyer replied 3 months ago

Ta yes you are correct, you need to file a claim with QCAT against Jo.

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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.

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