Sounds STICKY Dave.
Hope all works out for you.
Is your bussiness such that you can run it from home/internet and negate the need for an attended shopfront but still service your good customers in the same way???
GOODLUCK!!!
Andrew
lease on my shop is up for renewl...
realestate managing the complex send me a lease offer, trying to rasise my rent well over a 100 week.
not on i say, sorry.
but i will meet you half way on a 3 x 3 year lease instead of the 5 x 5 i normally take (plans of selling up in back of mind)
they agree so send me a lease and it is a retail lease, slightly different to what i usually get. part of the lease is i have to get my legal eagle and my accountant to sign off on it that it is okay and i am apply to forfill it.
accountant says yep, all good..
legal eagle looks at lease, eyes light up, and she points out at least 5 areas that are non compliant with the laws in qld governing retail leases :P
and another half a dozen clauses that are excluded under the attached lease statement which we have agreed on prior to the point eg landlord pays outgoings except electricity which i pay.
so legal eagle puts a line thru them, i initial it and sign off and we drop it into realestate
next day i get a very terse letter.
not agreeable, there can be no amendments to leasesign it as it is within 14 days or you have a months notice to quit...
dumbfounded....
no way will i sign a lease that breaches the retail leases act i think to myself, so i ring the legal eagle and let her know..
not a happy girl is she, faxes off a 9 page letter stating why each clause was struck thru ... mainly being they are illegal or contrary to what was ageed and duly attached
waiting for an answer but am sure they wont move...
as an aside the principal of the realestate concerned terminates the tenant in the shop next to me because he wouldnt sign a lease and wanted to stay on monthies as he has been doing for years while i am negotiating with them...
principal then puts a sex shop in beside me, in which he is a partner
gotta love them..
anyone need a 53 yr old fitter/welder with some IT experience or own or selling 80sq metres of shop workshop space in caboolture / morayfield area ?
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Sounds STICKY Dave.
Hope all works out for you.
Is your bussiness such that you can run it from home/internet and negate the need for an attended shopfront but still service your good customers in the same way???
GOODLUCK!!!
Andrew
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I made the 1 millionth AULRO post
Dave,
Regardless of what a contract or lease says, they can't contract out legal or legislative requirements. What they will try is illegal clauses which you'd have to go to court to beat (you would win) but have to spend a lot of money doing so (so you won't).
Lying, cheating B!@#%^@s is the formal term given to these people.
My advice is to sniff around and see if there's anyone else interested in leasing the property. If not, hold your ground; if so, get ready to move or swallow your pride.
Blunt, but well-intended![]()
I'd look elsewhere.
Like WhiteD3 said, most legislative requirements cannot be contracted out of (although in my opinion it would be up to them to go to court to enforce your compliance rather than the other way round - which would fail, but you'd still be out of pocket).
I'd be standing firm with them and continuing to negotiate whilst seeking other premises.
At the end of the day even a few adverse lease conditions can put off buyers if indeed you do try to sell as a going concern in the future. So the costs of relocating may be better than sticking it out with a hostile landlord/property manager.
A move to another spot mighnt be a bad thing. Where you are at the moment you dont have great exposure to passing traffic and potential customers would only know you were there if they had your address and were looking for you or were popping into the chemist or one of the other shops in the complex.
It would be a good feeling to tell them to jam it then watch as the place stays vacant for a few months because very few other potential tenants want to move in next to a sex shop
John
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I would be highly suspisious.
Problem is it is your livelyhood.
I have ejected the relestate agent from a rental home I had. Did it to them and the prospective new tenant who had driven from Sydney. Told then agent exactly what I thought of them too in font of the new customer.
We had 2 days left on the lease due to their tricks so I demanded written notice 2 weeks in advance if they were going to set foot on the property while my lease was still active.
I think they want the space and see it as if you sign then they will just wait a little longer and pocket the extra cash.
Good luck but use caution as it sounds like they are preparing to screw you.
A Real Estate agent presenting you with an illegal lease. They have a legal reponsibility to act within the law. A complaint in writing to the REIQ will put pressure on them. The threat of losing their licence will stop them acting illegally on behalf of a client.
The market is over the balance point and will soon drop so you may get a good deal elsewhere. Also any incentives on offer at new locations will pay for your fitout etc.
You could merge with the new shop next door.
.... and spend the rest of your days fixing "sticky" keyboards and DVD's stuck in the drive.
Seriously though, from what I know, retail landlords are some of the greediest people around. As soon as they think you might be making a buck... whoosh up goes the rent.
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----------------------------------------
Dave,
Build a shed and work from home.
Putting up with those turkeys is not worth it.
Ron
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