When thinking about?terminating a lease, it is important for parties to both exercise caution and?obtain relevant legal advice.

A recent case involved a lease where the landlord was obligated in the lease to provide aircon, and the tenant was responsible for maintaining it. It broke soon after it was provided. The Court held that the landlord broke (repudiated) the lease because the standard of premises was not sufficient. The tenant was able to terminate and recover their bond, though they were still responsible for their unpaid rent.

If you are a landlord or a tenant signing a lease, particularly a commercial lease, see a lawyer to ascertain whether the relevant requirements, standards and clauses would be upheld in Court. Otherwise it’s not worth the paper it’s written on, and either party can void it and avoid their obligations.