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VIC Noisy Commercial Tenants - Cancel Commercial Lease?

Discussion in 'Commercial Law Forum' started by Beeks, 17 November 2014.

  1. Beeks

    Beeks Member

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    In Feb 2014, I moved my Yoga studio into a building which also has a martial arts centre. The martial arts studio moved in a few months before me. The agent, whilst showing me the premises, told me I needn't worry about noise as the martial arts centre had put a special floor down for this reason and it was supposed to drown out all noise. It was also extremely quiet all the times. I came to look at the space. I moved into the premises, and since then, the noise has become increasingly louder and louder. It's now to the point where people (my students) complain and we can't even hear ourselves think half the time.

    No business, yoga studio or other, would be fine with this noise above them, so I'm not sure if they'll ever find a suitable tenant for this space if the MA stays here. The agents have tried to avoid returning my emails etc., but I've been pretty consistent with sending them recordings of the noise pollution etc. For about 8 months they have responded with a similar thing, 'we are trying to work out the best possible solution for this matter ...' but of course, nothing has been resolved.

    I'm wondering, do I have a leg to stand on (if I was to move from this building) under commercial law regarding getting the full amount of my commercial lease bond back? Thanks.
     
  2. Rod

    Rod Well-Known Member

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    Suspect the landlord is not abiding by the terms of his lease in providing you with premises that are 'not fit for purpose' and are not as described.

    In which case you can go to VCAT to have the lease terminated. Your bond will be dependant on the condition of the premises and should not be influenced by the VCAT decision.
     
    DennisD and Beeks like this.
  3. Beeks

    Beeks Member

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    Thanks for that Rod
     

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