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ARTICLE · 11 MARCH 2019

What obligations must I be aware of when terminating a lease?

Even when a lease has been terminated, there could be further obligations that the parties must continue to comply with.

AustraliaReal Estate and Construction

Assisted by Tom Dearden.

The failure to comply with obligations arising under a lease is a common catalyst for disputes within tenancy matters, with aggrieved parties sometimes going as far as terminating their leases.

When thinking about terminating a lease, it is important for parties to both exercise caution and avoid terminating without first obtaining relevant legal advice. Seeking professional legal advice prior to making a decision to terminate will provide parties with assurance that the opposing party's failure to comply with the lease obligation does actually give them the right to terminate.

If legal advice is not sought, and a party is subsequently found to have terminated the lease invalidly, it may allow the other party to seek compensation.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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