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  • #72891
    pj
    Flatchatter

      hi guys

      In January last year we closed my restaurant for a supposed limited time of round about 2 months so the landlord and body corporate could replace my extraction system in the kitchen.

      The exhaust uses a service shaft that goes through two floors of apartments to the roof ,since starting the project the builder ,who had all the necessary permits etc to start with, has been stopped twice by stop work orders to deal with fire safety and an array of building issues,permits and expert reports demanded by council,  we are currently on a third stop and it looks like June before the possibility of opening with no guarantee

      I am not being charged rent by landlord or body corporate fees

      Should i be due for compensation as it will be about 16 months i have been unable to trade , not the expected 2 months i was initially told

      I hope you can give some advice as i am just a chef with little understanding of such matters

      thanks

      this is in nsw

      • This topic was modified 1 month, 3 weeks ago by .
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    • #72900
      kaindub
      Flatchatter

        The first question is why are you being charged levies to themOC. I understand that under a commercial lease the tenant pays outgoings but I would argue that the lease paused whilst the renovations were going on.

        The lease exists between you and the landlord.
        You have probably decided to “ maintain “ the lease so you can trade in the same location when the renovations have resumed. That may have been a good thought at the time, but seems to have backfired for you.

        Your situation is not a strata matter, but related to commercial leases. I’d advise consulting a lawyer for the reason that it’s a complicated situation you are in.

        #72905
        Jimmy-T
        Keymaster

          Your situation is not a strata matter, but related to commercial leases. I’d advise consulting a lawyer for the reason that it’s a complicated situation you are in.

          Roger, that!

          The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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