VIC Commercial Lease Documents Victoria

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CSunshine

Member
13 November 2021
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0
1
I am the lease holder of a commercial property. All of my documents were destroyed and I would like a copy of everything the real estate have. I have asked numerous times and have been refused. I questioned why and they said it is not a legal requirement. That I was responsible for the original copies, and if something happened to those copies they are not legally required to replace them.

Is this correct information?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
They're right. Mostly.

That said, the best way to attract the attention of sharks real estate agents is to strangle their revenue stream.

So, with that in mind, I imagine that those lost records might have included
details of how much you paid them, and still need to pay them, and when?
After all, you're coming up to halfway through a financial year.
And you need to be sure that you have not underpaid them.

Further, it's been a difficult couple of years for commercial landlords.
All these COVID related rent reliefs, rent holidays, eviction mortoria, subsidies, credits etc are so confusing, aren't they?
You cannot possibly pay them any more money until you're sure that it's the right amount, right?

Further, they are your agent - you are the principal.
And you are now in dispute with them over their performance, because they are refusing to release to you
details of work they are doing on your behalf.

I guess they may have a choice - next week by consent, or the week after, pursuant to a Discovery Order.
 
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CSunshine

Member
13 November 2021
2
0
1
I am the lease holder of a commercial property. All of my documents were destroyed and I would like a copy of everything the real estate have. I have asked numerous times and have been refused. I questioned why and they said it is not a legal requirement. That I was responsible for the original copies, and if something happened to those copies they are not legally required to replace them.

Is this correct information?
Thank you Tim! Thank was very helpful and informative advice.

I have been supplied with a copy of my lease and tenant ledger.

Regarding the ledger; I noticed that the dates and dollar amount do not match the transactions I made from my bank account to the estates trust account.

For example- I received an invoice (12345) with amount $500 to be paid by the 1st June. I paid invoice (#12345) in full on the 21st of May and received transaction Id 99999.
After reviewing my ledger it appears transaction 99999 was distributed to
- invoice 12345 receipted a $450 payment on the 22nd of May.
- invoice 54321 receipted a $49.98 payment on the 22nd of May
- invoice 32153 receipted a $0.02 payment on the 22nd of May

As invoice (12345) did not receive its intended full payment, i went into arrears.
2 other transaction Ids were receipted with invoice (12345) dated the 3rd July and 29th of July, where invoice 12345 payment was finally completed.
For nearly 2 months invoice 12345 was overdue and I had no idea there was money owing.

It appears this has happened with many of the transactions on my ledger. I haven't realised sooner as i don't regularly view my ledger and I rarely receive actual invoices. Mostly i receive an email from from the estate demanding a payment be made on an over due invoices, with $ amount and invoice number written in the email, but no actual invoice attached. The invoices eventually are delivered, usually attached to a Notice of Default.

When paying an invoice I was under the impression that the payment would be directed and paid to the intended invoice.

Am I incorrect for thinking that?

I have now received many defaults, due to my payments being redistributed from the intended invoices. Is that fair?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Perhaps those are questions best asked of your accountant.
 

Docupedia

Well-Known Member
7 October 2020
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The general process with paying outstanding invoices is ‘first in, first out’, meaning that the oldest outstanding invoice is paid first, and any balance funds are then credited against the next invoice chronologically.

There are some exceptions to that:
- When otherwise agreed
- In some cases, when payment is for reimbursement of expended money the those are paid first
- Where the money is to cover an identified expense
- Where the agreement (I.e. the lease) provides a formula for how funds are to be applied When amounts are outstanding.

If none of those types of situations apply, I’d be asking for a please explain fro the agent. I would also be sorting out the issue of your invoice receiving. Not receiving the invoice until it’s in the form of a demand is not good enough. If there’s GST included in your rental payment, you should be getting a tax invoice delivered for each rental payment period (so, monthly, if you pay rent monthly).
 
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