QLD Is an Electronic Commercial Lease Binding?

[Louise Wilson]

Hi, I am a landlord with a couple of commercial premises.One unit has a tenant on a 3-year commercial lease, and they have been horrible. They have been in default (more than 14 days late) on 8 separate occasions during 2015. They claim that they never received a 'signed copy' of the lease contract. I have confirmed with the real estate agency who arranged the lease that the tenant did receive an electronic copy of the signed lease. I have also emailed them a copy of the lease signed by both parties (landlord and tenant).

The tenant is requesting the lease (signed with ink) to be sent to them. I don't think such as thing even exists as it was all done electronically. Is an electronic copy of the lease binding under contract law?

Any help would be greatly appreciated!

 

[Sophea]

Hi Louise,

In short yes. The fact that they are occupying the premises evidence the fact that they are in a lease and the terms of that lease would be deemed to be those included in the written copy you have emailed to them. When entering into the lease they would have been given a copy and then by moving in they are deemed to consent to the terms that you proposed in that lease. Even unsigned leases can be deemed to constitute a binding contract between parties. In any event, I'm sure either you or the real estate agent could produce proof of sending an emailed copy to them from email confirmations or something.