VIC Can I Legally Lock Out a Commercial Lease Tenant?

[Nancy Drew]

I rent out a commercial property (commercial lease) and run a clinic. I rent out rooms to other practitioners. There is a verbal agreement around rent days and times although I do have text messages from the practitioner confirming these and the agreement. She is very behind in rent and is saying she does not owe me the money, that I misunderstood the agreement. I want to lock her out of her room which contains her property until I receive payment. Where do I stand legally under property law or commercial law if I do this?

 

[Sophea]

Hi Nancy,

Are you the landlord of the property? Or the tenant and you are subleasing parts of the property you are renting?

Generally under Commercial Leases, you have to issue a Notice to Remedy breach before you can take steps like locking a tenant out. A key right of a tenant is exclusive possession of the leased space, therefore you have no right to enter the property without taking proper steps to terminate the lease for breach first.

 

[Nancy Drew]

Hi Nancy,

Are you the landlord of the property? Or the tenant and you are subleasing parts of the property you are renting?

Generally under Commercial Leases, you have to issue a Notice to Remedy breach before you can take steps like locking a tenant out. A key right of a tenant is exclusive possession of the leased space, therefore you have no right to enter the property without taking proper steps to terminate the lease for breach first.

I have signed the commercial lease and use a room but hire out rooms to others. I am not the landlord so can I legally lock her out and where do I stand with getting unpaid rent without a formal written agreement thanks

 

[Sophea]

Your sublease would likely fall within the definition of lease for the purposes of s146 of the Property Law Act (VIC) which provides relief against forfeiture of a lease by requiring that a Notice to Remedy Breach be served. http://www5.austlii.edu.au/au/legis/vic/consol_act/pla1958179/s146.html