Warrant of Possession? Help!

[fatboy4]

He all

Just after some advice regarding a defaulting tenant (in Qld) who leases a corner store from us.

They have been in arrears all year: I issued a Breach Notice in January, they paid rent (but no arrears) in subsequent months and then stopped paying altogether with no communication (more than 3 months with no rent now)

When we chased them for the rent we got the usual "give us some time" which I felt they had had plenty of.

After a few more weeks and no rent I sent a message indicating that they had repudiated the contract and that I would have my accountant prepare a statement of arrears (including arrears interest).

I sent Notice to Leave by registered mail (giving them 3 weeks) and the arrears statement. Once this was received, I was abused by the tenant who asserted he was ready for a fight.

I feel like I have been more than fair but my concern is getting him out and getting a new tenant (who can/will pay) into the property.

If he does not vacate-what should my next move be?

Do I apply to QCAT for a warrant of possession? Is the Tribunal going to ask us to mediate etc?

Any advice is greatly appreciated.

 

[Scott No Mates]

Fatboy, is this a retail lease? Obviously you are self-managing. Why have you let the arrears go for so long? Contact the retail tenancy unit at fair Trading qld with regards to how to lock out the tenant.

 

[DaveM]

They have been in arrears all year: I issued a Breach Notice in January, they paid rent (but no arrears) in subsequent months and then stopped paying altogether with no communication (more than 3 months with no rent now)

Once this was received, I was abused by the tenant who asserted he was ready for a fight.

LOL, they dont pay the rent, are constantly in arrears, and I bet its all the greedy landlords fault who are kicking them out and they want to fight.

Get your solicitor onto it and follow the required notice and procedure, terminate the lease and change the locks.

Look up RPI from the forums who is a QLD based commercial/property lawyer.

 

[Peterw]

FB4, the approach to a tenant in default may vary depending on the lease. Is it a registered lease? If so, then its my understanding that you will need to provide a Form 10 notice, setting out the breach. (they are available on the departments website). Again I understand that gives them 14 days to rectify, and if they dont, you just arive with a locksmith, change the locks and regain possession. If it is a nonregistered lease, then I believe you are covered by sending a formal demand, perhaps of similar wording, confirming that you will be regaining possession of the premises, and again, when the time passes, change the lock. No doubt getting legal advice would be a good idea.

 

[wobblysquare]

any update ?

how did it go? can you now explain the procedure to us? This would be something that would be nice to know before getting into CIP.

 

[crest133]

Hi Fatboy4.
Any update on the outcome, hope it went smoothly for you.
Cheers
crest133