Lease options allow some sort of tenant to exercise an assured right for a further period if they meet selected conditions. Failure to exercise an option within the period (the option window) the rental specifies can result in a tenant losing the ability to take advantage of the further word. Below, we unbox an example of a tenant who seem to failed to exercise a possibility in time and the a variety of obligations and privileges of landlords in addition to tenants.
Consider This Scenario
A property owner leases a commercial building to a tenant underneath a lease. The let is for five years using two 5-year options. Any tenant must activity the first option no earlier than six months nevertheless no later than three months before the end of the first term (the possibility window).
But what if any tenant forgets to exercise his lease from the option window, as well as landlord finds an even better tenant? Can the landlord argue that the actuel has lost her / his right to exercise the opportunity and they should get away from the premises?
A tenant definitely needs a valid option despite exercising the option outside the option window.
Is your Tenant Entitled to one more Period?
The Court stored in?Glenalton Investments Pty Limited versus Weemah Park Pty Limited  QSC 445 (Glenalton case) which the tenant was entitled to the lease for any further period. The key reason was due to the landlord’s actions and routines, in particular:
- The landlord established the tenant’s page stating he would training the option; and
- The landlord returned a letter to the lodger accepting the valuer’verts assessment of the market place rate.
The communication amongst the parties and the commitment to a new lease rapidly option window expiring has been critical. If the property manager in Glenalton had caused it to be clear that the alternative had expired, next the outcome may have been various.
Signing the Lease
Importantly, once the events agree on the option, any landlord’s lawyer must prepare the records as soon as possible and present the theifs to the tenant. Until finally such time, a real “agreement for lease” exists, although no valid let. If the parties cannot enter into the accords, a claim for damages or injuries may arise.
If a good landlord wants to activity the option, they should plainly communicate with the tenant and offer a new rent on the same terms for the reason that option (save for the rent increase).
Alternatively, in the event the landlord wants to evict any tenant, they should provide a new lease on several commercial terms and turn clear this is not a fitness of an?option. They have to provide a notice for termination once the alternative window has passed.
At the starting of every lease, a tenant should diarise the specific dates for the exercising of the option. The following exercise will help them do not be caught in a situation when the landlord may do not exercise the option and also where the landlord will hold the tenant that will ransom with less good terms than those in the original lease.
If you have any questions, get in touch with our commercial leasing company on 1300 544 755.