Leases - Commercial & Retail

Powers of the lessor under s 107 Property Law Act 1974 (Qld) to enter premises


Brisbane Lawyers

Aitken Whyte Lawyers Brisbane - Leases - Commercial and Retail Lawyers And Solicitors for brisbane, Queensland

Powers of the lessor under s 107 Property Law Act 1974 (Qld) to enter premises

Under s 107 of the Property Law Act 1974 (Qld), a lessor has powers to enter and view the property, enter and repair the property, enter and carry out requirements of public authority and repair under the lease and to re-enter and take possession of the property.

Enter and view

As a lessor, you are entitled to enter and view the property provided that you give the lessee 2 days notice, in writing, of your intention to enter.  Upon entering and viewing the property’s state of repair, if there are defects or damage that has been caused, you may serve the lessee with a notice in writing instructing them to repair that damage.  You must allow the lessee a reasonable period of time for carrying out repairs.

Enter and repair

If the lessee fails to carry out repairs within the period of time set out in the notice, you are entitled to enter the premises to carry out the repairs that are necessary.  In doing so, you must not cause undue interference with the lessee’s occupation and use of the property.

Enter and carry out requirements of public authority and repair under the lease

The lessor may enter the property at all reasonable times during the lease for the purpose of complying with legislation that affects the premises or notices that have been served any licensing or local authorities.  Such circumstances may include carrying out repairs or structural works.  Again, the lessee’s occupation and use of the property should not be unduly interrupted by such repairs or works.

Re-enter and take possession of the property

You are entitled to re-enter and take possession of the property in the event of rent being in arrears for 1 month.  You may also re-enter and take possession if there has been a failure by the lessee to carry out any covenants, obligations, conditions that are expressed or implied in the lease.  This default must occur for a period of 2 months before the lessor can re-enter and take possession of the premises.  A demand must be made in writing before re-entry can take place.

Office Location and Contact Details

Brisbane
Aitken Whyte Lawyers
Level 2, 303 Adelaide Street, Brisbane
Ph: +617 3229 4459
Fax: +617 3211 9311
E: enquiries@awbrisbanelawyers.com.au