NSW Wear and Tear on Commercial Lease?

[deantran]

We have been leasing a shop for the past 4 years. A few weeks ago, the glass door came off its hinges and the whole door fell off. We reported this to our landlord, but was told that the door is not part of the commercial lease and as tenants, we have repair it ourselves.

In the lease contract, it said that we lease the "premise", but did not specified the door, it went on to say that the tenants are to keep the "premise" in good order, the same condition as when the lease first started, except when "wear and tear", which the landlords needs to repair.

What is your opinion?

 

[Iamthelaw]

Lol... The door is part of the leased premises.

 

[Matthew Lynch]

If the hinges wore out due to use - this is wear and tear and the landlord's obligation.

If someone tore the door off its hinges or someone crashed into the door - this is damage and is your liability.

You must take the matter to the Small Business Commissioner for mediation prior to filing an application in the New South Wales Civil and Administrative Tribunal NCAT.

If you need assistance please get in touch.