QLD Commercial lease land and shed

[Paul Bundaberg]

Hi, I signed a commercial lease for a shed on some land in QLD in January 2019 to start 1st March 2019. A week prior to the lease starting I noticed the previous tenant hadn't started to move and informed the agent that they needed to talk to him as I must start on 1st March and I can't accept any delays. On the 1st March on my way to pick up the keys from the agent I passed the block and saw the tenant was still there with all his junk scattered everywhere. I took some photos and returned home and did not go to the agent to take possession.

I since wrote to the agent and said I won' take on the lease as I had to now unpack my tools and get back to work. I had already lost a weeks work preparing for the move and 1st March is a Friday and I had that weekend to move.

The agent sent various emails that have confirmed the previous tenant needed another 2-3 days to vacate although they were given 6 weeks notice. I have since moved on and decided to not wait for that land and I am trying to get my deposit plus 1 months rent in advance back.

After demanding a refund and threatening legal action if she doesn't refund the money she replies with

"
Maybe you should check with your solicitor because no where in the agreement does it say that the property has to be clean and tidy at the start of the tenancy

"
My argument is that the previous tenant had not vacated on time so not only was his junk still there but so was he. Apart from that I have an email on the agents email address on 1/2/2109 stating the property would be clean and tidy.

Can anyone tell me where I stand on this lease? I never took possession by picking up the keys, the agent has confirmed the previous tenant hadn't moved and still needed the weekend. I warned 5 days earlier that he wasn't going to be ready and I can not delay the start date. I notified the agent immediately on the start date including sending photos why I will not start the lease and want it terminated.

Any advice would be appreciated

 

[Tim W]

The question here is not about clean-and-tidy, it's about vacant possession.
You either get vacant possession on the start date, or you don't.
If the previous tenant is still there, then you don't.

Consider this - it's not you in breach of the lease, it's the landlord.

You'll need formal case specific legal advice about what to do next.
Options may include (but not be limited to) terminating for breach,
terminating by consent, or simply re-negotiating the start date.

 

[Paul Bundaberg]

Thank you. It is what I said on my reply when she went on about not needing to be neat and tidy. I said it wasn't vacant.

The owner has since written to me and agrees if we can't come to a new agreement on start dates etc then my money should be refunded. He followed that up with an email to me stating he has refunded the money he was paid back to the agent to refund to me. Now I am just waiting to hear back from a very aggressive, arrogant and unprofessional agent whether she will refund my money. My assumption is now the owner has agreed to a termination she should refund my money in full, if she wishes to make claim for any compensation for any work she believes she has done she would need to claim that off the owner and not from my deposit and advance rent payment?

 

[Tim W]

My assumption is now the owner has agreed to a termination she should refund my money in full, if she wishes to make claim for any compensation for any work she believes she has done she would need to claim that off the owner and not from my deposit and advance rent payment?

I would think so.
You are not her client, the owner is.

One further suggestion - from here on (unless you already are), try and deal with the Principal Agent, and not just some uppity rentals clerk.

 

[Paul Bundaberg]

Thanks Tim, unbelievably I am dealing with the owner of the agency but it is a 2 bit agency and not her first problem from what I am hearing. Thank you for your confirmation of what I believed to be the case. I have asked the owner to write to her, copy me, to tell her to return the money and the lease is terminated. That should be the end of it