VIC Commercial Lease - Landlord Still Hasn't Moved?

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Eugene P

Member
28 February 2019
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I have a commercial lease for a shop with a residence upstairs. My lease covers both upstairs and downstairs. The landlord said he would move out but it has been 3 months and he still hasn't. My lease has a quiet enjoyment clause but it isn't a warranty. Can I terminate the lease? I don't want the shop any more as it is not possible for me to do business since I was planning to use the upstairs for my stock. Thank you!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.rvlawyers.com.au
Take the landlord to VCAT and ask for vacant possession or your money back.

It is not a straightforward process and if you need help let me know.