Commercial Property - are tenants meant to clean gutters?

Discussion in 'Legal Issues' started by thesuperman, 17th Jan, 2020.

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  1. thesuperman

    thesuperman Well-Known Member

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    For commercial property, who is usually meant to maintain and clean the gutters? Tenants or landlords? If there's nothing in the lease mentioning gutters.

    Also, if there's a leak from the rain coming from the ceiling reported to the real estate agent, who's usually responsible?
     
    Last edited: 17th Jan, 2020
  2. croseks

    croseks Well-Known Member

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    So if the lease doesn't mention anything about gutters specifically, does it mention anything about outgoings?

    Is there a body corporate? They usually take care of the common areas.

    As for the leak, again it all depends on what your lease specifically says about outgoings/repairs. Usually if there is damage from the tenant then they are responsible to take care of it, however if the building is not in sound condition then that is on the owner.

    Read your lease agreement carefully and you should have an answer to these questions.
     
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  3. thesuperman

    thesuperman Well-Known Member

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    No body corporate invloved.

    The Outgoings clause talks about water sewerage, council, land tax, insurance, etc.

    The only part of the lease where it mentions "repairs" is the last part which is the "2017 Law Society of New South Wales lease (Annexure B)".

    Clause 7 - Conditions and Repairs
    Who is to repair the property?


    7.1 The landlord must -
    7.1.1 maintain in a state of good condition and serviceable repair the roof, the ceiling, the external walls and associated door jams, and the floors of the property and must fix structural defects;
    7.1.2 maintain the property in a structurally sound condition; and
    7.1.3 maintain essential services.

    7.2 The lessee must otherwise maintain the property in its condition t the commencement date and promptly do repairs needed to keep it in that condition but the lessee does not have to -
    7.2.1 alter of improve the property; or
    7.2.2 fix structural defects; or
    7.2.3 repair fair wear and tear.


    Guess we'll have to get the agent to get someone out there to see if it's because "the building is not in sound condition" that caused the leak.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Yup - Cl 7.1.1 Falls back to the Lessor to maintain and keep in a serviceable condition.
     
  5. Ross Forrester

    Ross Forrester Perth business advisor and founder

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    I would get the gutters done and then bill through VO's.

    Don't expect the tenant to do anything.
     
  6. thesuperman

    thesuperman Well-Known Member

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    What do you mean by VO's?
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Variable outgoings?
     
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  8. thesuperman

    thesuperman Well-Known Member

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    Yeah that's what I thought. Another thing possible could be the tenant didn't clean the gutters at all to remove any leaves which could end up causing a leak.
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    Sending a plumber or Handyman in quarterly can be worthwhile. Especially if the tenant pays outgoings but just as valid if they don't.

    A visit to check/flush gutters, clear grated drains and sumps of silt, check all washers, toilets, clean windows twice annually, clean off cobwebs, trim bushes, repaint line markings etc might be a days work.
     
  10. thesuperman

    thesuperman Well-Known Member

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    Does anyone have a recommendation for a reputable roofer in the south-west area of Sydney, somewhere in the Campbelltown to Camden region? The property is just like a house so a residential roofer is satisfactory. Thanks
     

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