Experiences terminating a commercial lease

[abbruzzi]

Has anyone, as a Landlord, terminated a lease, what were the grounds for termination and what was your experience like?

Was it straight forward or did it end up being dragged out in mediation etc

For my property, I understand from the wording of the lease in place, that a Breach by the tenant of [listed] clauses of the lease is a breach of an essential term and constitutes repudiation.

Before terminating the lease for repudiation, a party must give to the other written notice of the breach and a period of 14 days which to remedy it.

Cheers

 

[Raddles]

Hi there
I have acted for commercial landlords who have terminated leases - some are fairly straitforward - there is a failure to pay rent - notice is given - the default is not remedied and a notice to leave the premises is given. Those tenants have moved out.

Others have been more difficult - and have ended up in the Supreme Court - requiring the tenant to vacate the premises. The judges tend to give the tenants the benefit of the doubt - and there are delays which cost the landlord heaps. That though is the appropriate way legally to remove the tenant.

Another situation where the landlord took matters into their own hands and cut off utilities to the premises where tenants were squatting - they faced in that case the residential tenancies tribunal and a prosecution - lots of problems as a result.

Ideally you want to be in the first situation - talk through problems with the tenant - if it is unlikely that they can pay their rent - work through getting them out with as little cost to you as possible - as the other scenarios are messy and cost you money.