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ARTICLE · 13 OCTOBER 2011

When can it be valid to exercise an option on a lease out of time?

Landlord's communication with tenant out of time leads to tenant being deemed to have exercised the option.

AustraliaReal Estate and Construction
Adelina Tama
Adelina Tama

In brief - Landlord's communication with tenant leads to tenant being deemed to have exercised the option

In a recent case, the Queensland Supreme Court decided that an option was deemed to be exercised by a tenant even though the option has been exercised beyond the last date of the period provided in the lease. The tenant was entitled to a renewal of the existing lease, not a new lease on new commercial terms.

The effect of this decision means that a landlord who communicates with their tenant after the last date for the exercise of option to the effect that a renewal of the existing lease has been granted, then this may be at the expense and detriment of the landlord, particularly if it has other plans for the premises.

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