Landlord accusing you
A tenant who breaches a lease is liable to pay damages to the landlord. Here’s what you could be liable for:
Walking away and leaving the keys
- Landlord can re-enter
- Rent until a new tenant is found or the lease ends
- Any re-letting fees
- Repair, repaint and new locks
Lease ends and walking away without tidying up
- Cleaning
- Repairs
- Bringing the premises back up to scratch
Falling behind on rent, outgoings and other payments
Either
- Being sued for non-payment, or
- Receiving a “section 146 notice” – which means that the landlord is trying to kick you out
You accusing the landlord
Usual accusations against a landlord include:
Failure to repair
- The landlord is required to repair plant and equipment as soon as practicable.
- It only extends to plant or equipment that is the landlord’s responsibility. That’s usually determined by the lease. If you can take it with you at the end of the lease, it’s your responsibility.
Really getting in your way and preventing you trading
- Otherwise known as not giving you ‘quiet enjoyment of the premises’
- Lawfully changing the locks under a right of re-entry (see above) doesn’t count.
Withholding rent
Don’t think about withholding rent in protest or to cover repairs. There are very few situations which allow a tenant to withhold rent, and this isn’t it. Get an agreement with the landlord to withhold rent at mediation or wait for a VCAT order.
How Whites Legal can help
Whites Legal helps hospitality businesses with their leasing issues, including:
- Review of rights and obligations under the lease
- Advising on fixing problems that arise
- Helping hospitality businesses negotiate with landlords
- Participating in mediations
- Attending VCAT hearings