We are small business who has to vacate the warehouse in St Peters area due to covid-19 as our business has suffered

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Customer: Hi,
JA: Hello. How can I help?
Customer: We are small business who has to vacate the warehouse in St Peters area due to covid-19 as our business has suffered greatly and we could not keep the office ware house. We provided 4 weeks notice to the agent and also asked if the landlord with defer the payments, but they said no so we gave the ware house back with 4 weeks notice. Our lease was ending in October and they are now saying that we have to pay rent until they find tenants. Please let me know what are options are, because as a small business, we cannot afford any of this and that is why we gave up the office. They will not return our bond money, which we need back to pay our expenses.
JA: What state are you in? It matters because laws vary by location.
Customer: Ware house is in NSW
JA: What steps have you taken so far?
Customer: We gave 4 week notice and explained the reason why we are leaving. We have just handed the keys back after 4 weeks notice.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We just need to know where we stand, will we get our bond money back? Due to the current situation, we have lost 95% of our business and cannot afford to keep paying the rent.
Answered by John Melis in 11 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your particular matter, your situation will be all subject to the lease condition. However if you terminate the lease correctly where you are on a month by month situation or a fixed term situation, he will be able to pursue the relevant compensation back. If the landlord is not working with you you can raise proceedings in the New South Wales civil administrative tribunal to resolve the issue

​The New South Wales Civil Administrative Tribunal “NCAT” process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved. However, before raising a claiming in NCAT, you should file for mediation at Fair Trading, and if the matter does not settle at Fair Trading, then obtain a certificate that mediation failed, and commence an action at NCAT. In most cases at mediation the matter will settle. The matter is Civil. You will be the applicant and the insurer the respondent. The important filing document is the points of claim. This document needs to be carefully drafted. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim. The alternative to this is filing an application in the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount. 
What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter. The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item. 

I recommend that you download the application first, complete the same and then upload as required to commence the claim. 
The following link will assist you further. 

http://www.ncat.nsw.gov.au This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim. Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party. Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.

​Thank you for reaching out today. You have a legal right to protect your interests in this important situation. I am a user like you in this chat forum to assist in your important question today. Thank you kindly for rating me with 5 stars, which helps me support the community. You can come back to this post any time to ask questions without additional charge. I hope I have assisted with answering your important question today, and thank you for supporting the community.
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