industrial leases - glass repair and GST

[tang]

hey guys, i have a quick question i cant find the answer to.
normally, does a tenant have the onus to replace glass in a factory lease or is it up to negotiation?
i have an onerous clause which states the tenant will reimburse GST that the landlord incurs from time to time. i find this clause onerous but i am no expert in leases.
could someone please let me have their expertise?
thanks!!!!

 

[Propertunity]

In most cases of commercial / industrial leases that I've seen, the tenant pay for everything - even the LL's Land Tax.

 

[chilliblue]

hey guys, i have a quick question i cant find the answer to.
normally, does a tenant have the onus to replace glass in a factory lease or is it up to negotiation?
i have an onerous clause which states the tenant will reimburse GST that the landlord incurs from time to time. i find this clause onerous but i am no expert in leases.
could someone please let me have their expertise?
thanks!!!!

With the leases that I work on, yes you would be normally responsible but only if it is written into a signed lease.

Doesn't only apply to factories but all commercial and industrial leases.

Any other questions, just PM.

 

[Scott No Mates]

Glass is usually covered off in the public liability & plate glass insurance clause.

GST is only recoverable if the lessor is registered for gst or has produced an invoice for the correct amount (doesn't mention gst).

 

[tang]

I would of thought so to but in the absence of such a insurance clause
Thank you for ur clarification and responses all!

 

[Scott No Mates]

In most cases of commercial / industrial leases that I've seen, the tenant pay for everything - even the LL's Land Tax.

That's the difference between using one's own vast knowledge of leasing (as a tenant) & relying on their solicitors for commerciality vs using a tenant advocate to negotiate beyond the headline rate (why would a tenant want to pay any more in outgoings than necessary/anything at all)? LT is a charge on the owners and adjustments should be negotiated so that they are not paying more than necessary for a comparable property should the lessor be structured to be paying LT on all of their holdings.

Eg: Leases of crown owned property attracts LT in the hands of the occupier (if not a government entity) however a lower rent is offered to compensate for the land tax levied on the tenant (who generally squeals when hit with a LT assessment).