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  • #982923
    Clark
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    • Total posts: 3
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    Hi,

    I operate a small business and recently moved into a business park. However after 6 months, there have been a number of charges from the landlord that I don’t agree with.

    Firstly, the door handle to the front door broke. This is the door into the premises and is apart of the core structure of the building. We got charged 3 hrs of work for the onsite maintenance guy to come out and spend 20mins on it.

    Secondly the front door closing mechanism isn’t working so our door that’s suppose to close shut doesn’t. I had a staff member leave at the end of the day and the door wasn’t completely shut. Security comes around after 9pm and checks the doors but when they found the door open, they charged us $85 to close it. There excuse was the security member had to attend and close to door but they were there anyways.

    Thirdly, the landlord wants to charge us $500 to fix the front door closing mechanism. It’s there front door that’s apart of the building.

    I’ve paid over $200,000k to fit out the office. I understand the interior is all my responsibility. If a door falls off inside, if the light blubs blow, if we want to change the carpet, that is all me. I’m fine with this. That’s standard.

    However, is the core structure and services apart of my lease? Isn’t my rent paying for services like security? Wouldn’t the maintenance of the front door be there responsibility?

    I feel we are getting ripped off and they know we can’t do anything because we signed a 3 year lease 6 months ago. I’ve read through every word in our lease and it doesn’t once go into repairs and maintenance. It only talks about who is responsibility for costs when moving in and vacating the premises.

    Please any advice would be greatly appreciated.

    Thank you in advance.

    #1139696
    Kennethti
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    Hello Clark,

    This is one of those things that should be dealt with in the lease. Unfortunately where responsibility for maintenance is not set out in the lease, then there is likely no obligation for the landlord to do the maintenance with respect to the leased area.

    I suppose another question is whether the front door you have so much trouble with is considered part of the building’s common property, shared among other users of the building. This is something that again will depend on the terms and conditions of your lease. Quite likely however, that if your front door is your front door, and is exclusively for your business and not any other businesses in the complex, then that door is not common property, and is quite likely another matter that you must bear the burden of.

    The above is general conjecture based on what you have told me and is in no way legal advice or should be considered as legal advice.

    Commercial leases are very different to residential leases and do not have the same protection as a residential lease.

    I can understand that this can be frustrating to you, but it’s one of those matters where you should have negotiated or obtained legal advice before you entered into the lease.

    #1139697
    Sign Here Graphix
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    You will probably find in the lease that Access and egress is the responsibility of the landlord. Security is probably the responsibility of the tenant.

    If you have already spent in excess of $200K fitting out someone else’s building, is this really going to break the bank?

    I would be calling my own maintenance people in, if nothing else it will keep the Landlords’ guys honest.

    #1139698
    PRO
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    If the landlord was my client, you would be responsible for absolutely everything I could make you be responsible for. Rent is your right to use, you have to maintain it.

    Aircons, garage doors, plumbing, roof leaks, whatever it is, it is your responsibility.

    But that is in my leases for landlords. If you were in a retail shop it would be slightly more your way. Commercial leases are very much towards the landlord.

    If I represent the tenant then I hope the landlord’s solicitor is not so good, or that the demand for the site has been poor or there is some other reason to give the tenant some power. If not it is normally take it or leave it for most maintenance issues. We ask and will always try and push but the landlords have the power.

    I haven’t seen your lease but at a guess If the doorway is not shared, chances are its your responsibility.

    D

    #1139699
    pamay
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    • Total posts: 10
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    I own several industrial units, my tenants sign a Commercial Lease, which is suitable for small office buildings, factories and any shop premises.

    I, as the landlord pay for all repairs, locks, repairs to roller doors, lights etc. Tenants only pay for damage they have caused themselves.

    Maybe that’s why some of my tenants have been there for over 10 years :)

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