Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

(QLD) Bond not returned for commercial lease

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
Maye456 View Drop Down
Newbie
Newbie
Avatar

Joined: 31/August/2017
Location: Australia
Posts: 1
  Quote Maye456 Quote  Post ReplyReply Direct Link To This Post Topic: (QLD) Bond not returned for commercial lease
    Posted: 31/August/2017 at 09:10
Short version:
We are trying to lodge a QCAT debt dispute, but aren't sure if that's the right type of dispute for this situation, and also don't have the respondent's address.

We fulfilled our end of a commercial leasing agreement - returned the premises to the condition they were in when the lease commenced - however it has been four months since the lease terminated and the bond has not yet been returned.

The landlord has moved, so we do not know their address and cannot lodge a QCAT dispute. All traditional avenues - White Pages, Google searches, ABN lookups - only show the landlord's old address. We don't know how to lodge this dispute to get our bond back.

More detail:
This is regarding a restaurant, so I don't think it's a Retail Shop Lease Dispute. We entered into a commercial lease some time ago and paid a bond to the landlord. The lease terminated (no assignment) four months ago.

We paid the rent up until the termination date, and cleaned and emptied the property by that date to the satisfaction of the landlord. The landlord assured us verbally, no writing, that the bond would be repaid in full. The landlord's lawyer later contacted us and attempted to lower the bond money to be repaid.

The lease terminated, and by that point we had already vacated the premises. Our lawyer has since been unsuccessfully trying to contact the landlord's lawyer to discuss the return of the bond moneys.

The bond is quite substantial, over $5000, so it is worth pursuing. We're over-65 year old retirees without super, so it makes a big difference. Our lawyer has basically given up - he's probably very busy and has better things to do - and told us it's impossible to reach our old landlord's lawyer.

We're trying to lodge a QCAT debt dispute at the moment, as that appears to be our only avenue - however we are unsure if (a) this is even the right thing to do to get a commercial lease bond returned, and (b) how we can lodge a dispute without knowing our landlord's new address.

We would really appreciate any clarity or suggestions anybody might have on the matter.

Thank you.

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 611
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 31/August/2017 at 22:14
I think you may need the services of a solicitor to bring an action, however if it was me I would look at some other way to get a response from my former landlord.

Does your former landlord still own the property? If so perhaps an injunction to halt trading till the bond was repaid could be an approach. It would certainly bring him to the table promptly.

That may not work, but perhaps you could discuss other approaches along the 'thinking outside the box' method, that would grab his attention.

Good luck.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.