When a tenant considers the landlord to be in contravention of the Lease Agreement, it is common for tenants to withhold rent or to consider withholding rent until the contravention has been rectified. The majority of Lease Agreements however, do not permit the withholding of rent and such action will result in the tenant being in breach of its contractual obligations.
If there has been an agreement between the tenant and landlord that rent be withheld for a specific purpose or reason, this agreement should be documented in accordance with the terms of the Lease Agreement which permit a variation to be made. If there is no evidence of this agreement there is a risk of the parties disputing whether the withholding of rent was actually agreed.
Prior to withholding rent, we recommend that a tenant seek legal advice to determine whether it is authorised under their Lease Agreement, and to become informed as to the potential consequences of such action pursuant to their specific Lease.
If you wish to speak with one of our Lease Advice & Litigation Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
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