The relationship between a landlord and tenant underpins the security for tenants and landlords of residential, commercial and industrial properties. This relationship takes on a variety of forms and can exist with or without a contractual document (lease). There are a long (and ever-expanding) list of statutes and case law which regulates the relationship, that imposes and confers rights and obligations on both the tenants and landlords. This is undoubtedly a complicated area of property law and is regularly the source of costly disputes, especially when the lease comes to an end.
Tenants’ Rights/obligations
That is where APA’s expertise can help the tenant, before signing and committing to a long lease you should take both legal and surveying advice to protect your exposure to liability against any adverse claims that could leave you exposed to a substantial claim at some time in the future. The purpose of a lease is to apply as much liability upon the tenant which can even include defects and disrepair that existed before the lease commences. Do not get caught out!!!
If that time has arrived and you have been served with a schedule of dilapidations you should contact APA immediately to avoid being a victim of sharp and/or indeed unlawful claims for dilapidations.
APA will ensure that you only pay reasonable and justified dilapidations if indeed any actually arise.
Landlords' Rights/obligations
APA’s expertise can help the Landlord, once a lease has been signed the landlord should ensure that the tenant complies with their repairing and maintaining obligation to ensure the properties’ capital value is not undermined during the term of the leases. APA understand the landlords’ objectives
Our key areas of expertise are:
Breaches of covenant, forfeiture and enforcement;
Schedules of Conditions;
negotiating a settlement;
Interim and Terminal Schedule of Dilapidations; and
Interpretation and variation of leases.
Call APA for an informal chat before committing to any lease.
