Tony rents a small shop where he stores his work equipment and tools. He is a landscape gardener, but he lives in a small apartment. He has no space to put his equipment. His lease is for 3 years with no options to renew. It is a standard retail/commercial lease. He was introduced to the landlord, Lachlan through a friend. Lachlan comes into the shop when Tony is there sometimes for a chat. He often just turns up without telling him. He comes at inconvenient times when he is with potential clients. One day, Lachlan suddenly popped by, and Tony was trying to negotiate a lucrative contract with a prestigious tennis club. Lachlan came in and started chatting to the client.

Lachlan is a huge fellow, and he can be intimidating. The client was visibly uncomfortable, and he soon left. Tony did not get the contract, but he will never know whether it had to do with Lachlan. He tells Lachlan that he should not come to the shop unless the lease allows him too. Lachlan however did not listen, and he still pops in to see Tony from time to time without telling him.

The roof had been leaking for some time. Tony has called Lachlan to fix the leak and has even showed him the leaks when he has come to the shop. Lachlan keeps on telling him he will fix but it has now been 3 months of leaking from the roof without any sign of getting the roof repaired. Tony is tired of putting up with this and wants to move. He has found better and cheaper premises. However, his lease has not expired as he has one more year left to occupy the lease.

Advise Tony whether Lachlan has breached the lease terms and if so, which terms has he breached. Students do not need to discuss the Retail Shop Leases Act 1994 (Qld).