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

Discussion in 'Property Law Forum' started by sissiz, 24 June 2018.

  1. sissiz

    sissiz Member

    Joined:
    24 June 2018
    Messages:
    3
    Likes Received:
    0
    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.
     
  2. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,716
    Likes Received:
    361
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. sissiz

    sissiz Member

    Joined:
    24 June 2018
    Messages:
    3
    Likes Received:
    0
    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. ;)
     
  4. sissiz

    sissiz Member

    Joined:
    24 June 2018
    Messages:
    3
    Likes Received:
    0
    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?
     
  5. Rob Legat - SBPL

    LawTap Verified

    Joined:
    16 February 2017
    Messages:
    1,716
    Likes Received:
    361
    Yes, you'll have to mediate first.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;