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ARTICLE · 29 SEPTEMBER 2021

Disputing your commercial lease

Kells
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Secure all instructions and agreed terms at the commencement of a lease matter in case of any subsequent dispute.

AustraliaReal Estate and Construction
Kyle Bridge
Kyle Bridge
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On 12 August 2021 the NSW Civil and Administrative Tribunal handed down its judgment in relation to a matter concerning a retail lease dispute in which Kells commercial lawyer Kyle Bridge acted for the lessor.

In 2015 the lessor and the lessee entered into a retail lease of a restaurant premises located within a strata-titled building. The two directors of the lessee provided personal guarantees for the lessee's obligations under the lease, which was on bespoke terms specifically prepared by Kells commercial property lawyers.

In early 2019 the lessor terminated the lease and regained possession of the premises, alleging that the lessee had failed to comply with a number of essential terms of the lease, including (among other things) a failure to pay rent and outgoings and a failure to trade in accordance with the lease. A claim for damages was made against the lessee and both guarantors.

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