Hi,
I have had a few sequential commercial tenancies on a small shop, )which is part of a shopping centre of about 5 adjoining shops), covering a period of almost 8 years. My current 1 year lease runs out on May 11, 2020.
On January 3 I was approached by my landlord who also runs a Hair Salon adjoining the shop I lease. He wanted to downsize his shop and that would mean that he would need to reclaim a portion of my office. My office was to become a shared thoroughfare that would provide a rear exit for both shops. He offered me a pro-rata per sq m rent reduction of $250 per month. I voiced my concerns about storage of particular items needed for my business (yoga and Physiotherapy) and the loss of a sink.
My landlord assured me that:
1) the building works would not impact on my business and that he wanted to look after me as I was a good, long term tenant of 8 years.
2) That the thoroughfare would only be used by staff
3) that he would provide a sink in my premises
4) that he would work out with me how to store (hang) this equipment in my remaining space
5) that the thoroughfare would get painted, doors etc.
I agreed that he could commence immediately considering his verbal promises. As I wasn't using the premises due to holidays I thought the timing would work. It has now been 6 weeks. There was one morning when I arrived at 6 am to find my premises were filled with very intense toxic fumes from the polishing of his wooden floors. I had to run in to open the back door and put fans on quickly and my throat was burning intensely. I had no warming that this could be a possibility and I noticed that he did not take the precaution of blocking the space underneath our adjoining door and that is how the fumes got in.
I texted him immediately and had to cancel all my work that day and wash everything as all my equipment (mainly soft furnishings- cushions, blankets, towels had absorbed the fumes). He told me to open the doors and put the aircon on. No apology. The next day when he recommenced using his shop I noticed that the dad to keep all the doors open while trading, doing this for 5 days, until the fumes cleared.
I have not seen a builder in weeks, my equipment is stacked in the corner of the thoroughfare and I still have no sink and way of of locking my adjoining door to this thoroughfare. I have texted him five times over a period of 10 days asking re the timeline of the works and I have also emailed. The only piece of information I have received was one response saying that the builder is away.
His wife who works at the hair salon is extremely aggressive and rude. I have told him that I no longer want to deal with her. I have obviously upset them and I received a very emotive text a few weeks suggesting that I look for other premises as I was texting on the weekend and they "can't take it" My texts and emails are all very professional.
My questions are:
1) given the refurbishment done by the land lord is incomplete and that is affecting my ability to conduct my business and also their lack of communication re this, is my lease void? Am I bound by this lease still?
2) I have three rental payments left to take me to the end of the lease, one being due today. I would like to leave in about 2 months. I put together a Security Deposit Bank Guarantee at the very beginning of my leasing this property, which has $5000 in it covering a little over three months rent. I know i need to pay the rent fro the period while I am there but not happy for them to take all the money in the Security Deposit Bank Guarantee which would cover until the end of the lease.
3) Do I need to give them notice ahead of the review date which is stated as 11 April?
Thank you for your help!
I have had a few sequential commercial tenancies on a small shop, )which is part of a shopping centre of about 5 adjoining shops), covering a period of almost 8 years. My current 1 year lease runs out on May 11, 2020.
On January 3 I was approached by my landlord who also runs a Hair Salon adjoining the shop I lease. He wanted to downsize his shop and that would mean that he would need to reclaim a portion of my office. My office was to become a shared thoroughfare that would provide a rear exit for both shops. He offered me a pro-rata per sq m rent reduction of $250 per month. I voiced my concerns about storage of particular items needed for my business (yoga and Physiotherapy) and the loss of a sink.
My landlord assured me that:
1) the building works would not impact on my business and that he wanted to look after me as I was a good, long term tenant of 8 years.
2) That the thoroughfare would only be used by staff
3) that he would provide a sink in my premises
4) that he would work out with me how to store (hang) this equipment in my remaining space
5) that the thoroughfare would get painted, doors etc.
I agreed that he could commence immediately considering his verbal promises. As I wasn't using the premises due to holidays I thought the timing would work. It has now been 6 weeks. There was one morning when I arrived at 6 am to find my premises were filled with very intense toxic fumes from the polishing of his wooden floors. I had to run in to open the back door and put fans on quickly and my throat was burning intensely. I had no warming that this could be a possibility and I noticed that he did not take the precaution of blocking the space underneath our adjoining door and that is how the fumes got in.
I texted him immediately and had to cancel all my work that day and wash everything as all my equipment (mainly soft furnishings- cushions, blankets, towels had absorbed the fumes). He told me to open the doors and put the aircon on. No apology. The next day when he recommenced using his shop I noticed that the dad to keep all the doors open while trading, doing this for 5 days, until the fumes cleared.
I have not seen a builder in weeks, my equipment is stacked in the corner of the thoroughfare and I still have no sink and way of of locking my adjoining door to this thoroughfare. I have texted him five times over a period of 10 days asking re the timeline of the works and I have also emailed. The only piece of information I have received was one response saying that the builder is away.
His wife who works at the hair salon is extremely aggressive and rude. I have told him that I no longer want to deal with her. I have obviously upset them and I received a very emotive text a few weeks suggesting that I look for other premises as I was texting on the weekend and they "can't take it" My texts and emails are all very professional.
My questions are:
1) given the refurbishment done by the land lord is incomplete and that is affecting my ability to conduct my business and also their lack of communication re this, is my lease void? Am I bound by this lease still?
2) I have three rental payments left to take me to the end of the lease, one being due today. I would like to leave in about 2 months. I put together a Security Deposit Bank Guarantee at the very beginning of my leasing this property, which has $5000 in it covering a little over three months rent. I know i need to pay the rent fro the period while I am there but not happy for them to take all the money in the Security Deposit Bank Guarantee which would cover until the end of the lease.
3) Do I need to give them notice ahead of the review date which is stated as 11 April?
Thank you for your help!
