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WA Property Law - Landlord Refusing to Negotiate and is Withholding Property?

Discussion in 'Commercial Law Forum' started by Gemm, 10 February 2016.

  1. Gemm

    Gemm Member

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    After months lease arrears with constant payments and communication, the landlord (owner)chained the doors placed a notice on the window.

    They have not replied to emails, not responded to requests to remedy. We finally attended an informal mediation agreed and to an arrangement but when I received the agreement to sign, he had added another item, of which I did not agree. He asked for an email of my proposal. I didn't respond but called the mediator and refused the proposal.

    They refuse to release property including other people's products &property.

    I am going to apply a lessee caveat to protect my property. Can you comment on this with basis on Property Law, please?

    Nowhere in the lease does it state he can withhold property. Can you comment on this as well, please?
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Gemm

    Before you take any action, you need to obtain legal advice regarding your current legal position.

    This will require a detailed review of the Lease Agreement.

    You mention lease arrears? Is your rent paid up to date? Or are you in breach of the Lease?

    Additionally, the LL is under no obligation to agree to your proposal at mediation, or to sign off on what was verbally agreed at mediation.

    Please note:
    • the decision to lodge a caveat; and

    • preparation of the caveat,
    should be carefully considered. Failure to do so may mean that the caveat does not protect the caveator’s interest in the land or even exposes the caveator to a compensation claim for lodging a caveat without reasonable cause.

    Kind regards
     
  3. Gemm

    Gemm Member

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    Thanks, James

    I have had legal advice. The disparity between opinions is interesting.

    Nowhere in the lease does it state the LL has a right to withhold or refuse access to my belongings. The lease does state the right of Caveat and if that's what I need to protect my property, that is what I shall do.

    These leases are ridiculously set up with all favour to the LL which is unjust/ no justice. If someone owed me money I can't just walk in and take property that's stealing. Same should apply to LLs.
     
  4. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Gemm

    Please understand, that not having seen the Lease, I cannot comment regarding your situation, and what rights you may or may not have.

    All I can do is caution you to ensure to act on legal advice before you take any steps.. which is what you are doing/have done.

    Which leads me to the question - If you have already had legal advice, why are you still seeking answers... are you looking for a second opinion?

    Is this a standard WA residential lease? or a unique retail/commercial lease?

    Are there any special conditions?

    Kind regards
     

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