Commercial Lease Lockout
The client is involved in a tenant-landlord dispute over a commercial lease in Western Australia. The landlord has locked the client out of the property due to unpaid rent and outgoings totalling approximately $18,000. The landlord has issued a formal notice of default and is demanding immediate payment to unlock the premises. The notice also states that failure to pay may result in legal action to recover the outstanding amount, along with interest and legal costs. The client needs clarity on their responsibility for rent after being locked out.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs a tenant still responsible for rent if the landlord has locked them out due to late payment of a commercial lease?
Under Western Australian law, a tenant may still be liable for rent despite being locked out by the landlord for non-payment. The lease typically remains in effect until it is legally terminated. The landlord's unilateral action does not absolve the tenant of their obligations under the lease, including rent payment, unless the lease specifies otherwise. The tenant should review the lease agreement for any clauses related to default and remedies.
What are the legal steps a tenant can take if a landlord unlawfully locks them out of a commercial property?
In Western Australia, if a landlord unlawfully locks a tenant out of a commercial property, the tenant can apply to the State Administrative Tribunal (SAT) for relief. This may include an order to regain access to the premises or an injunction against the landlord to stop any further unlawful actions.
Are there any specific legal protections for tenants under Western Australia's commercial tenancy laws regarding lockouts?
In Western Australia, commercial landlords do not have the same obligations as residential landlords under the Residential Tenancies Act, but they must adhere to the terms of the commercial lease. Self-help remedies like lockouts are discouraged without proper notice and adherence to due process.
What impact does a landlord's lockout have on the tenant's ability to terminate the commercial lease or seek damages?
A landlord's lockout of a tenant for unpaid rent may significantly impact the tenant's rights under a commercial lease. If the lockout is deemed unlawful or conducted without following proper legal procedures, the tenant may have grounds to terminate the lease or seek damages.
How should a tenant document the lockout and any subsequent communications with the landlord to support their legal position?
To support their legal position, the tenant should document the lockout by taking the following steps: 1. Photographic Evidence: Capture images or video of the locked premises, including any notices posted by the landlord. 2. Written Record: Maintain a detailed log of all communications with the landlord, including emails, letters, and phone call summaries, noting times and dates. 3. Witness Statements: Obtain statements from any witnesses who observed the lockout. 4. Financial Records: Keep records of all payments made and any financial losses incurred due to the lockout.
