QLD Lockout-releasing timeframe regulations

Discussion in 'Commercial Law Forum' started by Caffeinatedmeesh, 8 February 2020.

  1. Caffeinatedmeesh

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    Hi,

    just looking for information. I’ve been locked out of my business for a week. I’ve engaged lawyers etc. I’m just curious how soon the landlord is able to release? As they already have a sign there and my gear is still there.

    regards
     
  2. Rob Legat - SBPL

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    Depends on the nature of the breach of lease, and the terms of the lease. If the breach is capable of being fixed then the general process is for the landlord to serve a Notice to Remedy Breach of Covenant in the relevant form (Form 7 under the Property Law Act). The notice must set out the breach, what's necessary to fix it, and a reasonable time frame in which to do it. What is a reasonable time frame depends on the circumstances.

    If the notice isn't complied with in the provided time, the lessor can terminate the lease and retake possession. From there, the lease is gone and the lessor can deal with the property and any of the lessee's chattels.

    The lease will often refer to what is to happen regarding the equipment.
     
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