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What happens if I default under my retail lease?

My sales have slumped and I’m concerned we may not make the next rent payment when it’s due. What will happen if we are in default?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 09-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Retail & Commercial Leases
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Robert Bailey, Adelaide 5000 SA

  • Breaches such as not operating your business within the hours specified under the lease or undertaking works without your landlord’s consent are capable of being fixed. Non-payment of rent or outgoings in accordance with the lease is generally treated more seriously than other types of breaches.
  • Read your lease to see if it sets out any procedure to be followed in the event that you default.
  • You should seek legal further advice to clarify and confirm what your lease says about defaults particularly if your landlord can issue you with a breach notice. A single default can still have consequences years later.
  • If you are having financial difficulties try speaking to your landlord first before you default to negotiate an alternative payment arrangement.

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