QLD Renting a Container - Management won't Renew with Us?

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osman aslan

11 August 2015
Hi, we are currently renting a container at the Eat street market in Hamilton. We have been renting the 20 ft container for 18 months. The container houses all our wares and is under lock and key for our business. When the container was taken over by us we spent money putting in floating floor boards and shop fit out plus erecting an annex and later had our business name erected on top of the annex in 3D LED lighting together the cost of shop fit out at a cost of $7500.

We have steadily increased our takings in 2014 to 2015 financials to $110,000.

Recently a 2nd weekend night market was sent to my email. The 2nd weekend night market concept is exactly the same as our current ones.

Due to our success we immediately paid a $1800 deposit to book another 20 ft container.

At all times we were under the impression that the 2nd night market was owned and operated by the same management team as our current night market. We commenced organising shop fitout, and signage exactly the same as our current container.

The cost of 2nd fitout is $10000 and growing. Our goal was to set the 2nd shop as a franchise opening in late spring.

As the months rolled by it was mentioned to me that the 2nd market management had nothing to do with the management at the 1st night markets.

We were always under the impression it was the same management team as the concepts are exactly the same. Now we have heard that the management of the 1st night market are moving to a new location in the New Year and will not renew our container to us because we are opening a second container shop with another organization.

Our rent is always paid on time.
We are always open on the selected days.
Our goods are kept in the container all the time under our lock and key.

We increased our takings from $ 2500 to $10,000 a month and we are continuing our growth.
Most important fact we were under the impression it was the same organization.

Do we have legal rights under property law if the current management of the 1st market chooses not to offer us a container at the new location.

Please help.


What does your lease say? That this the contract between you and the lessor of the container and if they are in breach of that agreement then you will have some remedy at law. However if you are at the end of the term and they choose not to renew the lease, then that is their right -- to enter into a new contract with you or not to.