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Hi just wondering if someone can give us some advice, we have a situation where a landlord has tricked us into signing a lease that we never had the chance to read before signing. We also have another issue with the same landlord where they have scared off our franchisee from buying the store from us due to the lease issue.
I didn't read any further than that because:
a) If you didn't read the lease before signing it, you are at fault, no one else.
I'm sorry for your predicament. You need to find the means to consult a lawyer before your costly mistake costs you even more. If you can't afford a couple hours with a lawyer then you can't afford not to read documents or start up a business.
I can't really understand why you won't engage a lawyer, that's what you really need to do in this situation.
To go to the disputes tribunal is not a bad idea - BUT YOU NEED TO KNOW WHAT THE LAW IS AND WHY/HOW YOU ARE IN THE RIGHT? Do you know what I mean? If you go there and have no idea what you're doing, you will lose and that will be that.
Just simply saying you didn't get a copy of the lease won't help much. And nor will saying that on the NOT ONE, BUT TWO occasions that you signed the lease, you didn't read it properly.
I can think of these things that might help:
1) I assume it was a deed of lease you signed? If so, get a-hold of a deed of lease from the ADLSI. You can buy them online. Have a a really really good read of it.
2) There is at least one clause in there around Quiet Enjoyment. In that you as the tenant are allowed to use the premises without the landlord constantly hassling you, making demands etc.
3) I assume you have the Agreement to Lease? And that has the 5 weeks rent free period in it? If so, this is STRONG EVIDENCE and I would play on that a lot in the DT.
4) The landlord generally can not object to a sale of the business and assignment of the lease to someone else as long as that person is of sound financial standing. So I don't see how they can demand the extra $15k. Sounds like they are being bullies and just wanting some more money, but then you've only posted your side of the story.
5) Along with the agreement to lease, take along your bank statements showing what you have paid in rent. And this is important: Surely you paid a deposit to the real estate agent when you signed the agreement to lease? How many months was this?
6) The word 'herd' refers to a group of animals. The correct word is 'heard'. This sort of stuff matters when you are in a legal dispute.
7) When you wrote to them, did you do this yourselves? Or did you get a lawyer to do it? If it's the former, this could be a big mistake. I imagine the reason they are not responding to you is that they feel they're in the right and don't have to. Can you post the letter(s) you sent to them here?
Hi Dave will post copy of letter I sent to them yesterday when i get on a computer tonight. thanks for replying.
Yes we have the agreement to lease as well as a copy of this new deed of lease, it wasn't really a case of just not reading and signing they pressured us to hurry up and told us there was no time to wait or hang round. On both times they came to the store. The person that witnessed the signing can confirm they wouldn't leave us a copy or give us time to read it.
I sort-of agree with Davo, except that you really did need to be fulsome in your description. However . . .
Any judicial authority will ask: did you sign this lease of your own free will?
You will need to say that you didn't and adduce compelling evidence how and why.
Such as: you were induced to sign, under undue pressure and that resulted in you being deceived.
May add some other comments, later, but, for now, be wary of the DT in such matters.
Hi Perry what is DT? sorry i am abit dumb lol
We were certainly pressured to sign there and then on both times, we have witnesses to verify that.
Also, Dave, yes a deposit was paid and we have the real estate on our side as well, they have dropped the landlord as a client.
The agreement to lease clearly has the rent free holiday period as well as correct dates rent is due. In the Deed of lease all dates have changed and dont match the agreement to lease in the deed of lease they left out the rent free holiday period and changed dates in it. We did stuff up signing yes, we now know we should not have now.
ALL CORISPONDENCE IS TO BE Addressed & EMAILED TO: *************
Copies sent by registered courier & Emailed.
Dear *********
Re: Deed Of Lease For ********************* & other matters.
Matters that are in dispute and need to be sorted by way of mutual agreement or through the district court, whichever way Mr & Mrs *************** wishes to address these matters:
· Deed of lease signed under duress & information missing from it (Null and Voided)
· Disputing rental arrears
· Illegal eviction and demand of payment of $15,000 (What is this figure for?)
· Disruption to Business
· Loss of Business Sales
· Unfairly rejecting a reputable tenant to take over the lease
· Shop number ******************* was meant to rented on a month by month basis and never included with the take away lease.
· Breaching Quiet Enjoyment of the property
This letter is to formally advise we are disputing the Deed Of Lease dated 13th February 2017.
This letter is further requesting a full breakdown of rental payments made to you from the 20th January 2017 up until 22nd May 2017.
We need this information sent within 72 hours from the date of this letter. We are requesting your calculation of the supposed missed rent dates as well.
Please be advised that the Deed Of Lease you have had us sign was signed under duress and at NO TIME were we given the opportunity to read the lease before signing it due to Mr ************ and his daughter was in a rush and pressured us to do it there and then.
Please be advised we have witnesses that will be called to court who were present both times the lease was brought to the shop and can confirmed Mr ************* brought the lease on one occasion was in the store 3 minutes made us sign as he was in a rush to get it back to the lawyer.
The lease was taken with him and no copy was ever left with us, on the second occasion’s when Mr ************** daughter returned for a second time because pages had not been initialed and witness signature was needed arrived at the store WITH THE LEASE, came at 6pm at night when we were extremely busy with customers.
So the pages were once again initialled with-out us having time to properly look over the lease, and it was taken away by Mr ************* daughter (********) and never left with us and we were not provided with a copy to read or given the time to seek legal advice on it.
The only reason it was signed was because of the rush they were in and we trusted them. Which yes is stupid on our part, but we were under stress at the time it was signed as we were being rushed by Mr ************* and his daughter.
It was not until recently we were finally emailed a copy from Mr & Mrs ********** Solicitor. This is when we have detected errors in the lease and deem it to be null and void. We consider the original agreement to lease that was signed with the real estate to still be valid as the new Deed of lease also has not outlined it supersedes it.
If this proceeds to court, we will be calling 5 witnesses of which some were present when Mr & Mrs ********* came to the shop to show us number 62 *********** to live in, were present on both occasions this mysterious new deed of lease was brought to the shop and NEVER left with us.
We have been unfairly treated by the ************ family, they have lied to us and lied about the terms of the leases.
We are hoping an amicable resolution can be agreed to without the need to go to court, however we fully intend taking this matter to court if an agreement cannot be reached between us.
Please advise if the Mr and Mrs *********** will consider a resolution without the need of going to court, or notify us that they intend to defend these matters in court.
This is the final chance to come to a resolution before legal action will be taken.
The Business has now ceased operating because ************ was advised to either pay $15,000 or get out.
This has now scared off the sale of the business. So part of a resolution will need to include termination of the lease permanently. As you have now damaged the image of our business, caused tremendous stress and humiliation, not to mention loss of business as well.
The real estate that was in charge of the agreement to lease will be called and act as a witness for us and they agree things just don’t add up with what has gone on.
We will also be calling 5 other witnesses that were present when meetings happened every-time the******** family came to the store. These witnesses will be disclosed to you once a summons has been issued to them if we cannot reach an agreement between us ourselves.
Disputes Tribunal. They are usually not as bad Kangaroo Kourts as Tenancy Tribunals, but they can be awkwardly, ahhh, flexible, at times. That said, most of my DT experience has been positive.
Further and again, I'm largely agreeing with Davo's point of view.
It may be costly using a lawyer, but it may well cost you a lot more if you don't.
Give it a go on a DIY basis if you must, but weigh the cost/benefits when making your decision.
Is English your mother tongue? A DT Referee will likely be more tolerant of errors in grammar, spelling and semantics than a District Court. An example of poor construction:
"on both occasions this mysterious new deed of lease was brought to the shop and NEVER left with us."
A Deed of Lease original that was brought to you to sign would not be left with you. Only a signed duplicate would be left with you. In another place you aver:
"It was not until recently we were finally emailed a copy from Mr & Mrs ********** Solicitor."
If you did receive a copy of the new Deed of Lease, it's semantically awkward to claim that one was NEVER left with you.
Also, be aware that the evidence of a witness that is/was in your employ or a family member or close associate may not be given the same weight as a completely independent person.
Disputes Tribunal. They are usually not as bad Kangaroo Kourts as Tenancy Tribunals, but they can be awkwardly, ahhh, flexible, at times. That said, most of my DT experience has been positive.
Thanks Perry, have taken on board what you have said. Cheers for not judging me based on my spelling.
I am putting our matter together and filing it with the Disputes Tribunal as we are only seeking to terminate a commercial lease and request compensation for disruption to business, having to relocate and illegal eviction and breach of quiet enjoyment.
When making a claim with the tribunal does anyone have an experience on whether we can request set amounts of compensation or does the tribunal choose what amounts that would be.
I just need to know if i should place amounts on the claim for compensation.
The key to tribunal is to have overwhelming evidence and as much info as possible. Also make sure you have TWO ADDITIONAL copies of everything. I would list everything in as much detail as you can and have the justification for it. I have been there many times over the years, be prepared like it is a murder case.
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