QLD Commercial Lease - Pursue Won't Return Security Deposit - Seek Help?

[patrik6]

I signed my commercial lease (small shop in shopping centre) when the assignment was completed. I then requested that the centre manager return the 2 months security bond/deposit to me. He advised that he didn't have it and that I should seek it from the previous centre manager. He further claimed he received some documentation and some security deposits buy not mine.

I have written to the previous centre manager and no reply (no surprises there). Is there a low cost option for me to pursue (I had to sell shop to pay bills) this?

I would have thought this was a trust account situation. To further complicate matters, I contacted the lawyers who did the initial purchase for me but as that happened in 2005 they have destroyed all their records over 5 years so I can't get specific details. It's quite clearly stated in the lease "2 months security deposit".

Who is the authority I can seek help from under Commercial Law?

 

[AnnaLJ]

Hi Patrik

Just to clarify, when you refer to 'the assignment' you are meaning that a lease was assigned to you by the previous Lessee/Tenant?

Your queries will come down to what the arrangement was between you and the previous tenant, and was contained in the Deed of Assignment/other assignment documentation between you and the previous tenant. It's almost impossible to respond to you without knowing these details.

I am assuming the security deposit was originally given to the landlord by the previous Lessee? If that's the case, then did you give that Lessee funds as consideration for the security deposit when you had the lease assigned? If you didn't, then I don't see how you could have a claim to these funds.

 

[patrik6]

no i assigned the lease i paid the original centre manager the new assignee will pay his own security deposit to the new centre manager
i am no longer the tenant but trying to get back my security deposit is becoming frustrating the new centre manager says not his problem as
the previous centre manager didnt transfer it over I still think logically which does not always agree with the legals that the new centre
manager is responsible he should have checked all current leases and security (trust monies) when he took over

 

[AnnaLJ]

Hi Patrik

Thanks for confirming, it was not clear from your original post.

Who did you pay the initial security deposit to? Your lease should set out the manner in which the deposit was to be paid and who to (and whether it is required to be held in trust etc). It should also say when the deposit is required to be released upon the lease ending or being assigned. This should be your starting point. I would assume it is held in trust with the centre's lawyers, but again this will be detailed in your lease.

In terms of who the authority is who can help you get this money returned if you have exhausted all avenues with the centre and the lawyer, it would be the Small Business Commissioner in your state.

I hope this helps,