QLD Friend's Issues with Commercial Lease - Recourse?

[Spinnaker]

Hi there,

A friend of mine is in a trouble with her commercial lease until the end of April 2017. She had a final inspection and key back but there is no bond refund yet after 10 working day.

The landlord wanted her to take all fixture and fittings away or holding bond until next tenant comes. Some of things are built in the premises would make damage for floor, wall or ceiling if they were removed and the landlord didn't provide pictures or any information previous looking and no information in its contract document.

The bond is quite low, it sounds the easiest way is give up the bond rather than making new damage but the landlord wouldn't refund until they got a new ongoing tenant nobody knows when it happens.

I hope to find out how to finalise the lease.

Thank you very much

 

[Rob Legat - SBPL]

Commercial leases generally contain some form of 'make good' clause, requiring that the tenant removes any fixtures and fittings they installed, and rectify the condition of the premises due to the removal. This is usually in addition to redecoration requirements - things like repainting and flooring/carpet. I suggest getting someone to thoroughly check the lease to make sure it's not your friend's requirement to do what the landlord asks. And, if it is not, inform the landlord in writing of the fact and request the bond be returned.

 

[Spinnaker]

Hi Mr Legat thank you for replying my posting.

Another friend of mine have read the lease who has experiences with residential tenancy disputes but not commercial one which says remove everything. The landlord mentions remove wall, door, smoke glass, basin and hot water system.
The bond is below $5,000, if $5,000 is enough to leave them I think that is one of solutions rather than making new troubles.

But around how much does a lawyer cost to sort it out?

 

[Rob Legat - SBPL]

Tenants can only be expected to remove what they installed. If it was there when the lease commenced, the landlord can't require them to remove it unless they've specifically agreed otherwise.

If it costs more than $5,000, the landlord may take legal action for the balance after using up the bond. I'd suggest your friend determine exactly what needs to be done, and gets a quote from a shopfitter/builder/other relevant professional. They should not attempt to do it themselves, especially if there is a requirement for the work to be done by a qualified, licensed tradesperson (unless, of course, they are).

As for how much a lawyer would cost to sort it out? It's hard to say, and it depends on how much resistance there is from the landlord. You might find someone who will give you a fixed fee quote on the review and initial contact, but after that it can be anyone's guess.

 

[Spinnaker]

Thank you very much your advice. I will tell her to find a lawyer whether the lease says the wall, hot water system, smoke glass and basin in addition there is an air conditioner is installed on the wall. She doesn't know where was there.
The landlord hasn't provided what the previous looking.

She tried to get some quotes from builders but they cancelled.

I and her friends helped removal furniture, painting walls, cleaning and brought key back.

Thank you again