Small Business Commercial Lease - Tenant and Landlord Responsibilities

[Deactivated] on 07/06/2019 - 12:54
Last edited 07/06/2019 - 13:37 by 1 other user

Hey Guys,
So my partner is running a small business and recently we had a plumbing issue. I sent the following to the agent:

Hi XXX,

This weekend I noticed an unusual issue with the water drainage at XXXX Street. There is a strong smell coming out of many of the sink drains on the property. The Next door butcher (At XXX Street) appears to be having the same issue. After discussions with them today, they noted they are also having the same issue.

Is this the landlords responsibility or ours? If Landlords, what is the process to get this looked at?

Note: I am not even sure the issue is at XXXX Street. What I can say is that when we run the water, a lot of water starts pouring out of next doors property on one of there drainage outlets out the back. This suggest there is a blockage on their side.

Regards,

XXXX

The agent then requested for a photo.. That was sent & then the very next day they send out a plumber to fix the issue. My partner unfortunately didn't question who exactly would be paying & just let them undertake the work.. 2 weeks later they send an invoice of about $1500. I just rang the Victorian Small Business Commission to get more clarification on who is actually responsible for the repairs & now I am just waiting for a call back. I've read the ACT and it seems to imply its likely the landlords/agents responsibility and not ours.. But even if it is our responsibility, we never engaged them to act, as I would have got multiple quotes to undertake the work accordingly.

In a situation like this, does anyone know who is actually responsible for the issue (Landlord or tenant) and if it is the tenant does the landlord have the right to enforce their own contractors to undertake the work then bill you for it?

• 

  arkie0 on 07/06/2019 - 13:56

  +2

  What does your contract state? There might be additional/special provisions in there that isn't standard.

  Also ask for the plumber's report, this will explain the cause of the issue. The cause may also help determine who is responsible (still dependent on the contract).

• 

  apple2016 on 07/06/2019 - 14:31

  -4

  Its not your responsibility unless you caused it.

  • 

    sweefu on 07/06/2019 - 14:34

    False.

    Tenants can be responsible for repairs in commercial leases.

    It will really come down to the lease you signed.

  • 

    [Deactivated] on 07/06/2019 - 14:38

    Well, that is were it gets interesting. Below is the scope of works that were undertaken by the plumber. Keep in mind that right next to the blockage is an outside toilet that belongs to next door and is used by next door. I believe they flushed mass amounts of tissues down there that caused this.

    Blocked sewer.
    Both properties were affected as it is a
    combined sewer.
    Unable to locate the boundary shaft.
    Unable to machine the sewer from the vent
    on the toilet shed as there were masses of
    toilet wipes in the drain.
    Used CCTV but unable to push through to
    the Boundary shaft.
    Used Hugh pressure water jett but unable
    to clear.
    Due to the mass of toilet wipes in the drain
    it was very difficult to remove the from the
    drain.
    We then machined the sewer from the vent
    without a cutter on the machine to try and
    machine through to the Boundary shaft.
    Removed the machine and had wrapped
    dozens of wipes around the cable.
    Used High Pressure water jett from the
    sewer man hole in the carpark near the
    toilet shed.
    Used CCTV from the vent and were able to
    get to a point we felt was the boundary
    shaft.
    Cut and smashed the concrete then dug
    down and located the top of the Boundary
    shaft.

    There is no way to absolutely state we had nothing to do with this blockage (We didn't) and there is also no way to state its our fault.

• 

  cassidy02 on 08/06/2019 - 11:19

  I'm a commercial property manager in Vic and my advice is as follows:

  • It's possible the agent has recharged your account as that would be the default instruction set up on the account (so their assistant or accounts dept may have done the recharge).
  • Send an email to the agent with the copy of the plumbers scope saying that you do not accept responsibility for the charges. The blocked toilet was clearly caused by the wipes, which by the process of elimination, must be the neighbours. Point out the line on the plumbers report that it's a shared pipe.
  • Hopefully they manage the neighbours as well but even if they don't, ask that they remove the charge from your account and pursue with the neighbours.
  • Just don't pay the charge. Leave it, keep paying your rent and all other charges. Keep everything in writing. If they get snarky - which there isn't grounds to, but you never know - you can lodge a mediation request at the SBC, but that would only be needed in an extreme circumstance. Don't mention this now, just keep it in mind if this drags on.

  Feel free to message me if you need any further help.

  Edit: forgot to address your question about sending out someone then recharging you. You are responsible for all repairs and maintenance, so yes, this would be expected. However, I would usually remind tenants of this when they call and ask me to send out a contractor, allowing them the opportunity to source their own in the first instance.