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(QLD) Bond not returned for commercial lease
Topic: (QLD) Bond not returned for commercial lease
Posted: 31/August/2017 at 09:10
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.
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.
|Quote Reply 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.
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