VIC Renting Factory with Mezzanine - Landlord Responsibilities under Property Law?

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26 August 2015
I have been renting a factory which has an existing mezzanine floor covering approximately 80--90% of our factories floor space. I have recently discovered that the mezzanine floor has not been built to code & does not meet residential or light industrial requirements.

1. Under Property Law, is my landlord required to make good any existing structures & bring them up to a level that meets code?
2. If it is the landlords responsibility to make good the mezzanine floor, do I have to remove any structures I have installed on the mezzanine while repairs take place & re-install them at my own expense?


Hi Travia,

was it contemplated at the time you entered into the lease, that you would be using the mezzanine area for industrial purposes?

Did the landlord represent to you that the entire property was suitable for use as an industrial property? If so, you may be able to argue that there was misrepresentation as to the condition of the property or alternatively if it is in the lease, that you are using the property for industrial purposes it could constitute a breach of lease by the landlord. You may need to get a solicitor to give you specific advice based on the lease wording.