hello SS,
i would like SSers views on a battle i am fighting atm.
the landlord - who shall remain nameless - but is a well known shopping centre has decided to close the roller door permanantly to our loading dock.
our lease has a specific clause which provides that the LL should use "BEST" endeavours to provide UNRESTRICTED access to the tenant.
the centre mgmt clause provides that they are able to change the "CM rules (not inconsistent with the rights of the tenant under the lease)"
they have proposed a few solutions to allow us to "continue" to have "Unrestricted" access:
Call security - access at the discretion of security
1 x access card to allow staff to swipe each contractor / customer into the loading dock via the doors
provide a list of car registrations to security in advance
i assume they are doing this to cut costs which is fair enough but their measures should not be in breach of their obligations to the tenant under the lease. the onus should not be on us to manage their centre.
the dock that they have closed is actually on an extremely busy street. to have trucks/cars backed up waiting for access during extremely busy trading periods opens a whole heap of seperate hazard issues.
our LL is of the opinion that anything that happens outside their centre i.e. in the street to get to the parking to their centre is not their responsibility!
has anyone else had similar issues?
i would like SSers views on a battle i am fighting atm.
the landlord - who shall remain nameless - but is a well known shopping centre has decided to close the roller door permanantly to our loading dock.
our lease has a specific clause which provides that the LL should use "BEST" endeavours to provide UNRESTRICTED access to the tenant.
the centre mgmt clause provides that they are able to change the "CM rules (not inconsistent with the rights of the tenant under the lease)"
they have proposed a few solutions to allow us to "continue" to have "Unrestricted" access:
Call security - access at the discretion of security
1 x access card to allow staff to swipe each contractor / customer into the loading dock via the doors
provide a list of car registrations to security in advance
i assume they are doing this to cut costs which is fair enough but their measures should not be in breach of their obligations to the tenant under the lease. the onus should not be on us to manage their centre.
the dock that they have closed is actually on an extremely busy street. to have trucks/cars backed up waiting for access during extremely busy trading periods opens a whole heap of seperate hazard issues.
our LL is of the opinion that anything that happens outside their centre i.e. in the street to get to the parking to their centre is not their responsibility!
has anyone else had similar issues?
