REIWA lease litigation is no Ally McBeal

//REIWA lease litigation is no Ally McBeal

REIWA lease litigation is no Ally McBeal

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I have what feels like an endless slew of stories about how landlords (and tenants) have nearly bankrupted themselves bringing or defending cases in the Magistrates Court due to flaws in the REIWA lease.

Like the time there was a dispute over whether the landlord served a default notice personally (the REIWA lease does not allow service by email), or the time the landlord sold the tenant’s abandoned property to pay down monies owed only to find out later that the REIWA lease does not allow this.

These events are common areas of dispute that any lease should address. Unfortunately, commercial practicality is no defence.

For example, if the tenant’s abandoned property does not vest in the landlord and the landlord is not allowed to sell it under the lease, the landlord could become liable for 1,000s of dollars in removal and storage costs and legal fees sending notices and taking separate court action authorising any sale.

By using the REIWA lease, you might save money now, but there is a real chance it will cost you a lot more in the future.

If you want a dedicated commercial leasing lawyer, contact me on 0408 954 570 or at tcockman@justicelegal.com.au.

Keep an eye out for further articles. This article is not legal advice, and you should obtain independent legal advice to address your specific situation.

2020-11-23T15:16:07+08:00

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