Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

VIC Commercial Lease - Landlord Disruptive to the Business

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

  1. Piya

    Piya Member

    Joined:
    20 March 2017
    Messages:
    1
    Likes Received:
    0
    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

    Joined:
    16 February 2017
    Messages:
    269
    Likes Received:
    73
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;