Sale of office we lease for Business
- Thread starter Pushka
- Start date
Ah, Wylie, great memory, and Yes! Except tomorrow, surprise surprise the builders are coming in and take a look at the floorboard below:
Hello, Public Liability.....
It normally sits flat but have moved the boards to panic the PM into doing something - they have only been sitting on this bit for two weeks.
Attachments
True - lease is for 12 months. However it will be prudent to check the lease clauses to make sure there are no 'outs' should the lease be assigned via sale of property.
Regards
A
Thanks people, this lease is the first one that we have had that has been registered. Am going to read through it again shortly. Now we have builders etc getting the place sorted for the buyers convenience!
They have conveniently parked themselves in the driveway for which we pay rent, and no other cars can fit. I asked them to park in the street and they said, "Why cant you!" Because we bloody pay rent for the parking spaces!
This was all supposed to be fixed in the week after we signed the lease (and were paying rent on) and 3 weeks before we moved in. Now, 2 months later because it suits the owners, everything is going ahead.
And today the sales agent is coming in to take photos etc. Hope they take a good shot of the broken floorboards - the person who is supposed to fix that still hasnt shown! Might just fall through it and sue the owners! Actually, it isnt that funny, I am really worried that someone might if they dash to answer the phone. Hmm, the Sales Agnet wont be happy about that if a prospective buyer injures themselves! Needless to say over the last month the PM has received numerous emails about public liability as well as photos.
Oh lordy, who would be bothered with running their own business....I am too old for this.
They have conveniently parked themselves in the driveway for which we pay rent, and no other cars can fit. I asked them to park in the street and they said, "Why cant you!" Because we bloody pay rent for the parking spaces!
This was all supposed to be fixed in the week after we signed the lease (and were paying rent on) and 3 weeks before we moved in. Now, 2 months later because it suits the owners, everything is going ahead.
And today the sales agent is coming in to take photos etc. Hope they take a good shot of the broken floorboards - the person who is supposed to fix that still hasnt shown! Might just fall through it and sue the owners! Actually, it isnt that funny, I am really worried that someone might if they dash to answer the phone. Hmm, the Sales Agnet wont be happy about that if a prospective buyer injures themselves! Needless to say over the last month the PM has received numerous emails about public liability as well as photos.
Oh lordy, who would be bothered with running their own business....I am too old for this.
and....
Sounds like you've spent heaps of time and effort and frustration chasing your tail already. Why not instead, spend the same $ amount as about 10 minutes of solicitor's time and employ a handyman to fix it yourself. Job done.
Thank the Lord my Tenants deal with minor irrelevant things like this themselves and concentrate on making $ in their businesses.
Maybe sit down and have a good hard look at your business model.....and decide whether you are cut out for running your own business.
Hey thanks for that Daz. Gosh, after 25 years of running my own profitable business, I have obviously got it all wrong. Maybe your tenants fix stuff like this because their landlord is lazy too. FYI, the owner's REA came through the premises - he said he would contact the owner straight away as he didnt want to get sued when a potential buyer came through the office.
I feel like sometimes tpfsksks posts are a kick in the guts, but the tuff stance works it makes me get up and do things.
I crack the sh*ts for a few minutes and then tuffen up and take away good things from what he has said.
I wouldn't say lazy, i'd say that both parties have agreed that it is the tenants responsiblity. Like bank contracts 99.9% agree to the terms in it and feel stiffed later (much like x-coll finance
)I feel like sometimes tpfsksks posts are a kick in the guts, but the tuff stance works it makes me get up and do things.
I crack the sh*ts for a few minutes and then tuffen up and take away good things from what he has said.
I wouldn't say lazy, i'd say that both parties have agreed that it is the tenants responsiblity. Like bank contracts 99.9% agree to the terms in it and feel stiffed later (much like x-coll finance
Yeah, I partly agree with what you are saying.
I guess my issue is that these repairs were documented when we signed our lease agreement (on 1st April - dammit, April Fools Day
) that they would all be done prior to 1st May. So both parties signed off the lease that it was the Landlords issue. And an update - the owner visited us today. She was furious the repairs had not been done because there is a potential owner coming in this afternoon!
The handyman had promised her they would be done by yesterday. He wasnt even on site. Sigh, now she knows what we feel like. Bet she gave him a bullocking when she left.
OK, I'll bite. I dont know what you mean? Am I giving people the squirts by posting this?
Really?? It's about the most over used and boring comment of 2009. Just means you have to harden up a bit.
Bit like Hungeee = hundred. Boring.
Anyway, if you publicly admit to knowing the floor is busted and then you fall into the hole are you still able to sue the landlord?
Gools
Anyway, if you publicly admit to knowing the floor is busted and then you fall into the hole are you still able to sue the landlord?
If it is in the lease that it will be fixed by the LANDLORD by 1st May and someone falls over it after that date, then why not?
Well Gools, that is a good point and I am not worried about someone suing us, but the injuries they might get.
So if you point out to a landlord that something needs to be fixed - lets see, something drastic like a roof falling down, then the roof does fall down because they dont do anything about it, are you suggesting that the landlord cant be sued because you knew about it? That makes no sense. In order to sue someone, you have to prove that they were negligent - ie they knew, or a reasonable person would know, that a situation was about to occur and they did nothing about it. If you didnt tell them, then you cant prove negligence.
So, if it is OK for a landlord to ignore items on the lease that were specifically put into this lease, then why is it not ok if the tenant decides to do similar and not pay the rent?
Have never heard the weetbix thing; kinda silly really.
If this was a tenants forum then the answers would be completely different.
Really?? It's about the most over used and boring comment of 2009. Just means you have to harden up a bit.
Bit like Hungeee = hundred. Boring.
Anyway, if you publicly admit to knowing the floor is busted and then you fall into the hole are you still able to sue the landlord?
Gools
So if you point out to a landlord that something needs to be fixed - lets see, something drastic like a roof falling down, then the roof does fall down because they dont do anything about it, are you suggesting that the landlord cant be sued because you knew about it? That makes no sense. In order to sue someone, you have to prove that they were negligent - ie they knew, or a reasonable person would know, that a situation was about to occur and they did nothing about it. If you didnt tell them, then you cant prove negligence.
So, if it is OK for a landlord to ignore items on the lease that were specifically put into this lease, then why is it not ok if the tenant decides to do similar and not pay the rent?
Have never heard the weetbix thing; kinda silly really.
If this was a tenants forum then the answers would be completely different.
Pushka,
Is there a "tenant may repair" clause in the Lease? This is a clause that makes provisions to enable the tenant to arrange the repair of an item and then deduct the amount from the next rental payment. Usually you can only use this clause in cases where the Landlord has been notified of the problem, yet has not addressed the issue in a timely manner (as in your case)
Boods
Is there a "tenant may repair" clause in the Lease? This is a clause that makes provisions to enable the tenant to arrange the repair of an item and then deduct the amount from the next rental payment. Usually you can only use this clause in cases where the Landlord has been notified of the problem, yet has not addressed the issue in a timely manner (as in your case)
Boods
Pushka
You are looking at something dangerous and have decided to do nothing about it. That is negligence. You could be charged under OHS legislation for failing to maintain a safe workplace as far as reasonably practicable for your employees. If it actually is dangerous, then fix it! NOW! Then haggle with the owner about who pays for the fix and how much.
You are responsible for your employees. The defence that the owner was meant to fix it won't protect you from one of your employees suing your company. Neither will it help you sleep at night if one of them gets injured.
Sure the landlord should fix it but surely you wouldn't leave a clear hazard there for you and your employees without doing anything about it, would you?
Don't confuse your hefty legal and moral obligation to provide a safe workplace with the trifling commercial matter of how much to pay for a minor repair...
You are looking at something dangerous and have decided to do nothing about it. That is negligence. You could be charged under OHS legislation for failing to maintain a safe workplace as far as reasonably practicable for your employees. If it actually is dangerous, then fix it! NOW! Then haggle with the owner about who pays for the fix and how much.
You are responsible for your employees. The defence that the owner was meant to fix it won't protect you from one of your employees suing your company. Neither will it help you sleep at night if one of them gets injured.
Sure the landlord should fix it but surely you wouldn't leave a clear hazard there for you and your employees without doing anything about it, would you?
Don't confuse your hefty legal and moral obligation to provide a safe workplace with the trifling commercial matter of how much to pay for a minor repair...
This has nothing to do with 'who pays' by the way, it is not about money.
The building itself is a period cottage and the owners have spent tens of thousands of dollars restoring it. Shame they didnt fix the floors properly. While we are allowed to attend to small maintenance, it is in the lease that we are not to do anything with structural repairs. That includes plumbing, electrical and gas. We have to advise the owner and their handyman will fix it, even if we reimburse them later (ie if we did the damage) So legally, according to the lease, all we are allowed to do is advise. I am supposed to be in by 8am tomorrow because he is supposed to show; I will make him wait (assuming he shows) and detour by the hardware store to buy a large piece of 'walkable' pineboard or whatever it is. Which will cover the area until the owner can fix it.
We used to tenant a heritage listed cottage - now that was a nightmare!
The building itself is a period cottage and the owners have spent tens of thousands of dollars restoring it. Shame they didnt fix the floors properly. While we are allowed to attend to small maintenance, it is in the lease that we are not to do anything with structural repairs. That includes plumbing, electrical and gas. We have to advise the owner and their handyman will fix it, even if we reimburse them later (ie if we did the damage) So legally, according to the lease, all we are allowed to do is advise. I am supposed to be in by 8am tomorrow because he is supposed to show; I will make him wait (assuming he shows) and detour by the hardware store to buy a large piece of 'walkable' pineboard or whatever it is. Which will cover the area until the owner can fix it.
We used to tenant a heritage listed cottage - now that was a nightmare!
