Question
Project 2: Document and action a plan for the termination of a commercial lease in South Australia. (Retail and Commercial Lease Act 1995 (South Australia)
Project 2: Document and action a plan for the termination of a commercial lease in South Australia. (Retail and Commercial Lease Act 1995 (South Australia)
In this project you are required to document and action a plan for the termination of a commercial lease where the lease is coming to an end through the surrender of lease. The tenancy details are: Property Manager: Jack Miller Lessor: Emily Blunter Address of Rental Premises: Unit 5, 128 Fullarton Rd, Norwood SA 5067 Lessee: Peter Ustinov (phone 0422 444 666) Lessee Forwarding Address: Unit 2, 92 Paradise Rd, Liston SA 5999 Lessee Bank Details: Bank of South Australia BSB: 222-333 Account: 987 654 321 Lease end date: 31/06/2020 Security Bond: $5,000 (Bond Number 155499277) The tenancy has no rights of renewal.
(a) Peter Ustinov has emailed you on 22/06/2019 to advise that he no longer wants to rent the premises you lease to him.
In the space below w rite an email to Peter (Lessee) seeking clarification as to why he wants to terminate the lease.
(b) Peter Ustinov emails you to advise that his business is virtually bankrupt. In addition to this, the stress of having to find rent money every month is affecting his health.
W rite an email to inform the lessor of the lessee's termination request.
(c) The landlord writes back to you and says he is quite willing to release the lessee as he has another tenant lined up, however he wants the lessee to provide 3 months' notice and rent in order to agree with the release.
W rite an email to the lessee outlining the lessor's position.
(d) The lessee writes back to you and says he cannot afford 3 month's rent but can afford 2 month's rent.
W rite an email to the lessor outlining the lessee's position.
(e) The lessor writes back to you and agrees to the 2 months' notice and rent and a complete bond refund if make good is satisfactory, and he wants you to arrange with his solicitor to p repare the necessary documentation. The new end date of the lease is 31/08/2019.
W rite an email to the lessor's solicitor outlining the agreement reached between lessor and lessee and request that the solicitor p repare a release for all parties to sign.
(f) In the space below, draft an email to the Lessor explaining the handover procedure and ask the Lessor to approve the procedure by return email
(g) You have completed the end of lease documentation. How would you secure or store these documents and how long do you need to keep then secured and stored for?
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