Case Study - Property - Brand New Building...Not So Brand New Appearance

When you take a lease of new premises, the last thing you would want is for cracks to appear in the walls and for the poor building appearance to affect your business.

Situation:

Moores Legal was recently engaged to act for a tenant who had taken a lease in a new building. The tenant had established a photography studio and gallery, but had been severely disappointed when cracks started to appear in the walls of the premises. After having some correspondence with the managing agent and the building owner, without a satisfactory outcome, the tenant requested assistance from Moores Legal.

Response:

With a working knowledge of the Retail Leases Act 2003, Moores Legal engaged in correspondence with the building owner and the managing agent which assisted in having repairs carried out in a timely manner. Since the parties were unable to agree on how the tenant should be compensated, Moores Legal guided the tenant to a mediation facilitated by the Small Business Commissioner.

Outcome:

As a result of the repairs having been carried out quickly and a satisfactory resolution of the dispute in mediation, the tenant has been able to return to business in premises that once again look brand new.