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VIC Commercial Lease - Landlord Disruptive to the Business

Discussion in 'Commercial Law Forum' started by Piya, 20 March 2017.

  1. Piya

    Piya Member

    20 March 2017
    Likes Received:
    Hi, I leased a commercial property in May 2016. The landlord approached us directly which I said no to at the start. But after negotiating. We decided to sign the commercial lease (using a very standard download form).

    A long story short... After 15 days of tenancy, the landlord dropped by without any appointment and then wrote us a long e-mail telling us how we should do things, like what colour we should paint the wall etc. Keep in mind we are trying to run a business (we run an art studios and art gallery)

    The relationship keeps getting worst and worst. He e-mail us on a weekly basis asking for inspection monthly and other demands. We then hired a lawyer to deal directly with him since we can't keep up with this guy.

    After 8 months, our lawyer told us that we should go to mediation, which we did. And we came up with some kind of agreement. 2 days after meditation, he went to the property and told our staff/clients regarding the details of the mediation, (which is extremely confidential - and he doesn't know any of our staff/clients he just told them)

    I am not sure what else to do - this month he stood at the front of the building and yelled at our clients, etc. He dropped by using his key 4 times without any appointment. I spend 20k trying to set up the business but this guy is just stopping me from running it.

    Any information here is much appreciated.

    I can't leave the property because there is 2-year contract and I have invested in this. But I am willing to leave everything if it means this guy leaves us alone (which is not fair on me)
  2. Rob Legat - SBPL

    LawTap Verified Lawyer

    16 February 2017
    Likes Received:
    I don't practice in Victoria, but it's pretty universal with leases that you have a right to 'quiet enjoyment' of the property. What you're saying this landlord is doing appears to be a clear breach of that. Go back to your lawyer and insist on your contracted rights.
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