NSW Leaking Roof and Damage to Stock on Commercial Lease?

Discussion in 'Property Law Forum' started by Philly2020, 9 February 2019.

  1. Philly2020

    Philly2020 Well-Known Member

    27 April 2018
    Likes Received:
    Can someone please give me some legal insight?

    The situation is this... The tenant has a standard 3x3 commercial lease on a business premises (shop front) which was done through a local real estate. Within several months of commencing the lease, it was noticed during moderate rain the roof was leaking quite badly. Video and photos were taken and send to the real estate. Nothing was done.

    Over the next 6 months every time it rained the roof would leak. There has been damage to stock, but until recently fair insignificant, although the carpets have become wet and mouldy and the store has the mouldy smell. After multiple complaints to the agent, the tenant was told that the repairs were too expensive and that the landlord could not afford it, the roof would not be getting repaired.

    24 hours ago there was a bad storm and the roof began leaking excessively from many areas. The real estate contacted the tenant that evening (Friday) and said words to the effect 'I assume the roof is leaking. We will be addressing it on Monday". There has been moderate damage to stock and equipment, the floor has flooded and even though the rain stopped 20 hours ago, there is obviously a huge amount of water sitting in the roof as it is continuing to drip still.

    We are concerned about the risk of safety to ourselves, customers and the assets. We have bought in a carpet guy to help remove the excess moisture in the carpet today (Saturday) at our own expense and seeking reimbursement later.

    Can someone offer any help on where we stand, legally? Can the landlord be forced to get repairs? I assume this would breach conditions of the lease allowing us to move premises, but we only just moved and are establishing the business at the current premises, it would hinder business to have to do that...

    Is there something else we can do?

    I am concerned the roof is going to collapse.
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    Go see a property lawyer asap. You have rights that have been ignored by the agent/landlord.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

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