QLD Commercial Lease - Is My Tenancy Agreement Valid?

[kate marshall]

Hi. I have broken my commercial lease due to a marriage breakdown and inability to pay for a separate work and residential. My business is beauty therapy, acupuncture and massage. My lease states that it should not be used for premises covered by the Retail Shop Leases Act, which it is.

Does this make my lease invalid under commercial law and can I walk away from it? I moved out in October and have not paid rent from then. I believe there is another contract in place at the moment. I would like to get my bond returned too.

 

[Sophea]

Hi Kate,

I don't believe this would make your lease invalid. In fact, it may even mean you are in breach of your lease. It will depend on the terms of your agreement, however I very much doubt you will have grounds to simply walk away and expect your bond back.

Why is it that you believe the premises are covered by the Retail Shop Leases Act?

 

[kate marshall]

Hi Kate,

I don't believe this would make your lease invalid. In fact, it may even mean you are in breach of your lease. It will depend on the terms of your agreement, however I very much doubt you will have grounds to simply walk away and expect your bond back.

Why is it that you believe the premises are covered by the Retail Shop Leases Act?

i believe it is as I looked at the act and my lease states I''m carrying out retail business.

 

[Sophea]

When you first negotiated the lease, what type of business or activity did you say you were going to be carrying on at the premises? Or what does your lease state that the premises are to be used for? Is the premises located within a shopping centre?