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Case Information
Business Type:
Commercial
Category:
Repossession Order
Date:
15 January, 2025
Protecting a Tenant Against a Heavy-Handed Dilapidations Claim
A landlord contacted Lease Lawyers after their tenant, a small logistics company, had:
Fallen six months behind on rent payments
Breached maintenance obligations
Vacated the property without formal surrender of the lease
The landlord urgently needed to recover possession to re-let the unit but was aware that improper action (like changing the locks without notice) could expose them to legal claims for unlawful eviction.
How Lease Lawyers helped:
- Serve a Section 146 Notice to the tenant, outlining the breaches
- Engage in correspondence to confirm the tenant’s abandonment and secure evidence
- Obtain a peaceable re-entry and re-secure the property in full compliance with the lease and the law
- Assist with protecting and accounting for any remaining tenant possessions
- Advise on advertising the unit to minimise downtime.
Our legal process ensured the landlord could regain access without risking claims for wrongful eviction or trespass. Within eight weeks, the landlord had full control of the premises again, and within two months after that, secured a new, more reliable tenant. They avoided costly court action and rental voids were kept to a minimum.