My Shop - what can I do?

[bythebay]

Hi everyone,

I have a couple of questions regarding my rights as a renter of a commercial property.

I have recently rented a shop, which is joined to one other shop - otherwise it is freestanding. It is currently all painted the same colour (the two shops), with our own signage painted on etc.

My first questions is: As a renter, what am I allowed to do with it? Can I paint my shop (half the building) a completely different colour? Nothing is mentioned in the lease.

And secondly, this may sound silly, but what can I do inside the shop? I will need to paint, but also put up shelves, flooring etc. What's the story with this? Can I do whatever I want, so long as when I move out it is in good condition? Do I need to take down shelves etc, change back the colours? The person who rented it before me didn't, and left it in pretty poor condition.

Thanks!
Michelle.

 

[Dazz]

Why not pick up the phone and invite the Landlord around for a 10 minute walk through the shop and explain exactly what you wish to do, and find out exactly face to face. Humans appreciate that usually.

 

[Raddles]

HI there
what Daz has suggested is a good idea as I think you will find you do require your landlord's permission to paint - particularly the outside of the building.
It is quite usual in a commercial lease to have an obligation to have your fitout cleared with your landlord before you commence.
thanks

 

[alpina]

It is quite usual in a commercial lease to have an obligation to have your fitout cleared with your landlord before you commence.
thanks

FWIW

Yes, I find it quite strange that the landlord would not have inserted a general consent clause, especially for the exterior which would typically include any signage rights you might have.

Regardless, you might also have to check with council and may well have to lodge a DA depending on the extent of the works. If you do have to lodge a DA, the landlord will have the ultimate say as he/she is the owner of the property and will have to sign a consent letter to council before you can go any further.

I suggest you you sit down with your landlord over a cup of coffee and discuss your plans. You may well find that there is a WIN WIN solution for both of you.

B.

 

[pennyk]

Hi Michelle,
I'm concerned that you've rented the shop without finding out what you are allowed to do. how can you be sure that it will meet the needs of your business?
Its always worthwhile getting a solicitor to look over a commercial lease... I ended up badly burned over mine when I moved out.
I agree with the other comments. Speak to the landlord quickly and also get a solicitor to run over the terms of the lease.
Pen

 

[bythebay]

Hi Michelle,
I'm concerned that you've rented the shop without finding out what you are allowed to do. how can you be sure that it will meet the needs of your business?
Its always worthwhile getting a solicitor to look over a commercial lease... I ended up badly burned over mine when I moved out.
I agree with the other comments. Speak to the landlord quickly and also get a solicitor to run over the terms of the lease.
Pen

Hi Pen,
The shop is mostly wholesale, so even if I can't change anything it will still be ok. And for shelves etc if I can't change them then i am happy to have freestanding. So I am not too worried about it I would prefer it look nicer though, so I will have a chat with the owner.

Michelle.

 

[westie]

Hi Michelle
my thoughts as a commercial landlord - the sound of a tenant planning renovations is music to the ears. But first question i want to know is - who's paying? You x 100%. Fantastic! I always say - "yes, go ahead, do whatever you want". As long as a i see value added to the property via way of a fitout & spruce up - it's all good. For retail - just "change" to a property is improving the property, because it increases the propertys prescence. Only issues i am concerned about are holes punched into the roof eg. for air conditioning or signs.

 

[steveadl]

As others have suggested - review your lease, and talk to the LL if you're worried.

From a personal stand point, I recently went over my lease and it has a few clauses in there about needing to get consent from the LL about paint colour etc.

In practice however, I'm a good tenant, and haven't seen my LL or his agent in years. In fact, I think in the 15yrs we've been here - we generally only see him once every 5yrs when he troddles in to put up the rent. This time round we didn't even get a visit. The agents I've seen twice - once when they took over management, and once when we had to have the ceiling and roof repaired due to a nice chap breaking in one night.

I've done plenty of work inside, including replacing floor coverings, throwing up new appliances and shelving into walls incl. drilling dirty big bolts in, installing roller shutters on the front, and painting the wall a nice green colour on one side - all without permission. The only time I asked for permission for anything was when I wanted to install a split system in the premises (which meant a big hole in the wall), because the LL's a/c was so pi$$ poor. LL's agent replied "go for your life, as long as the unit stays when you leave."

In the lease it states that I have to paint the wall back to a nice neutral colour (acceptable to the LL), and remove all my fixtures and fittings and putty and mend any holes I've made. Small cost relative to the money you make over the years.

Having said that, not all LL's would be like mine, I'm sure there are some @n@l retentive ones out there who want to oversee every move you make. Make sure yours isn't one of these.

 

[buyproperty12]

May not be wrong

My advice is you can do as you want. If it looks better when you apply paint to your shop you can do it. That is your personal purpose. If your shop looking nice then more members will come to your shop and your sales might be improved. You already mentioned there no specifications on lease documents. This option will save you if your owner ask you.