QLD Lodging QCAT for return/release of Retail Shop Bond (Bank Guarantee)

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sissiz

Member
24 June 2018
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0
1
We are trying to lodge a QCAT debt dispute, but aren't sure which is the right type of dispute for this situation.

We fulfilled our end of a commercial leasing agreement - returned the premises to the condition they were in when the lease commenced - however it has been 3 months since the lease terminated and the bond has not yet been returned/released.

We paid the rent up until the termination date, and cleaned and emptied the property by that date to the satisfaction of the landlord. The landlord assured us verbally, no writing, that the bank guarantee will be released in full.

We have constantly email, sms and call the landlord but he did not get back to us, and then fail to answer our calls after several attempts to call him again.

The lease terminated and by that point we had already vacated the premises. It has been almost 3 months and we are still trying to the landlord to release our bank guarantee.

We would really appreciate any clarity or suggestions anybody might have on the matter.

Thank you.
 

Rob Legat - SBPL

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sissiz

Member
24 June 2018
3
0
1

Thank you Rob, we will go ahead to prepare lodgement applying under section 22E of the Retail Shop Leases Act 1994 for an order that a person give you
a document as required in section 22A-22D of that Act.

Appreciate your kind assistance on this matter. ;)
 

sissiz

Member
24 June 2018
3
0
1

Thank you Rob, we will go ahead to prepare lodgement applying under section 22E of the Retail Shop Leases Act 1994 for an order that a person give you
a document as required in section 22A-22D of that Act.

Appreciate your kind assistance on this matter. ;)

Apologies, section 22A-22D does not relate to requesting document such as bank guarantee. Does that mean we have to apply Form 4 towards a mediation for a dispute?
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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2,894
Gold Coast, Queensland
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Yes, you'll have to mediate first.