Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 6 minutes by:
12/29/2010
VerifiedDear Sir/Madam,
Before I answer, can I ask which state you are in?
Kind Regards,
XXXXX XXXXX
Dear Sir/Madam,
From the research I have done there is not a specific definition of 'common area' which applies to a motel lease (unless a definition has been given in the lease itself). There definitions of this term in laws which apply to other types of leases, for instance, under the Retail Shop Leases Act 1994 (QLD) there is section 6:
6 Meaning of common areas
(1) Common areas of a retail shopping centre are areas in or
adjacent to the centre that are used, or intended for use-
(a) by the public; or
(b) in common by the lessees of premises in the centre in
relation to the conduct of businesses in premises in the
centre.
(2) Common areas include-
(a) stairways, escalators and elevators; and
(b) malls and walkways; and
(c) parking areas; and
(d) toilets and rest rooms; and
(e) gardens and fountains; and
(f) information, entertainment, community and leisure
facilities.
(3) However, common areas do not include leased areas.
I think you need to check if this term is defined in the section on defintions in the lease and if it is not, you will need to determine the existence of a common area by reference to the level of access which the public has to the area and if other lessees use the area in common. It would be a common area if the public can access it and other lessees use the area.
Kind Regards,
XXXXX XXXXX
VerifiedD. Coleman and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
My house is infested with active termites. Victoria. I have
I have emailed photos, videos and they have come out to inspect. Am waiting for them to organise bates to be installed … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
We had our annual pest inspection in September 2020 & it
Second opinion] Hi Pearl, We had our annual pest inspection in September 2020 & it came back no termites. Three months later we have had to remove an entire wall due to termite infestation. What can w… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I live in Brisbane. Have a DA approved by Bne City Council
Hello. I live in Brisbane. Have a DA approved by Bne City Council for building. The building is approved to the boundary on one side of the block. The 60 year old chain wire boundary fence is actually… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
We live in NSW. Our neighbours fence is built [by survey]
Second opinion] Peter we live in NSW. Our neighbours fence is built [by survey] within their own property boundary by mm's, but still within their own property boundary. Our last Termite inspection id… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have used a Pest contractor who put in termite barrier and
I have used a Pest contractor who put in termite barrier and have a certificate of the work done and have had him back to check on areas that we thought had issues and he has said we have no issues wi… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
L, Below is the email I sent to QBCC tonight. I hope it
l,Below is the email I sent to QBCC tonight. I hope it reads okay.MexxxxxDear Sir or Ma'am,The purpose of this email is to seek guidance over an issue we are having with our pest installer and their refusal to honour their warranty despite written guarantee on company paraphernalia given to us at handover. We have paid for the recommended annual inspections to be carried out since our house was new. Our house was built in 2009. We have communicated regularly with the installer, Termicide to rectify the termite infestation, however they refuse to honour their warranty which, in their correspondence, states: covers 12 years from time of installation. The saga is as follows:On 04th March 2017, Termicide attended our property to carry out the annual warranty inspection where active termites were discovered. Termicide's inspector, Rick, treated the area with a pesticide to eliminate them and advised at the time that the termites had ingressed our home via a crack in the footpath running along the back of our home. Upon closer investigation we found no evidence to support that statement. He also stated that the damage he uncovered was about the extent of the termites' incursion into our home. We found that statement to be wrong. After the termite barrier had been installed we engaged the services of a builder to repair the damage originally highlighted by your staff, however upon removing the linen cupboard and gyprock wall we discovered the damage was greater than was originally thought.It was the first visit on 04th March we were informed by Termicide we were not covered by their warranty. We were surprised to find this out considering we have kept up with, and paid for our warranty inspections since the house was constructed. On the 18th of March 2017 a follow-up inspection to gauge the effectiveness of the chemical was carried out by Termicide. Rick determined the termites to be eliminated and a more permanent solution to prevent further infestation was discussed along with methods of payment. A quote was sent via email where we elected to have the entire house treated by way of chemical barrier.On Monday, 29th and Tuesday, 3th of May 2017 a chemical barrier was installed at the cost to us of approximately $6,500.00. We have paid the invoice in full. This is despite the letter to us, dated 6 January 2010, stating in paragraph two the following:“Termicide also warrants your home against infestation for twelve years. This warranty guarantees that should termites breach the barrier and enter your home, Termicide undertakes to remove, repair and reinstate any structural damage at no cost you yourselves. The only proviso we have is that you undertake to have a (sic) annual warranty callout to comply with Australian Standards 3660.1 carried out by a member of our fully trained staff.”Australian Standards 3660.1 states the following:“The Purpose of termite barriers is to deter concealed entry by termites into a building, above the termite barrier. Termites can build around barriers but their workings or evidence thereof are then in the open where they may be detected more regularly”.At no stage has evidence of termite workings been detected either by members of Termicide staff or my Family, only the visible damage found in the roof where further investigation was warranted, in March.By being told termites ingressed our home via a crack in the footpath outside the house means they still breached the Termiglass and/or the slab which is meant to be protected by Frizbee Collars. Either way the termites breached Termicide's product and made their way into our home. Apart from the annual inspections carried out by Termicide, we are always on the lookout for infestations such as this in addition to ants, lawn grub and other pests. My father-in-law, who lives with us, and who has been in the building industry for 50 years, is a creature of habit and has done a regular walkaround of the house since we moved in … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I live in a unit under strata in NSW and I flagged an issue
I live in a unit under strata in NSW and I flagged an issue with damp and water ingress in my storeroom to the building manager June 2012. At this time I provided her the only key to the storeroom so … read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I have rented a house in NSW. 6 days after entering the lease
I have rented a house in NSW. 6 days after entering the lease (and that's $800/week), we found that carpets are flea-infested. My ankles are covered with bites, and so are my pregnant wife's and my 4y… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I bought a house in May 2011 had termite inspection done &
I bought a house in May 2011 had termite inspection done & also got a copy of a pest inspection report from the vendors dated March 2011. (Extensive termite damage found in April 2012) I imediatly had… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I live on the ground unit of a block of 9. 4 months ago I
I live on the ground unit of a block of 9. 4 months ago I had a attack of white ant. I did not go through strata management but went ahead and contacted a Pest Controller who treated problem and build… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hello,My property is destroyed by subterranean white ants.
Hello, My property is destroyed by subterranean white ants. it is strata titled, but they will not help with termite treatment and repairs. This could all come to more than $20000! My Strata manager d… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
We lease a motel property and we are about to sell our lease
We lease a motel property and we are about to sell our lease back to the Landlord. He is asking us to have the building inspected for termites and pay for any treatment that may be required. As far as… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
my husband purchased our house in November 2008, hired a solicitor
my husband purchased our house in November 2008, hired a solicitor to do all the required work of purchasing a house. we got our pest and building report done we never got to see it. we asked if the r… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
A strata unit, had extensive termite damage, who is liable to pay?
In a strata unit which has had extensive termite damage to common property and internal walls, who is responsible for payment of repairs Strata Schemes Management Act NSW 1996… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Can you please advise what legal avenues are available for
Can you please advise what legal avenues are available for a tree dispute between neighbours where the zoning of the land is rural-residential, so dispute is not covered by the Trees (Disputes between… read more
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
This is a property dispute. We have a large retaining wall
This is a property dispute. We have a large retaining wall on the boundary separating our property from the neighbour. The neighbour built his home first about nine years ago and erected the retaining… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
We have recently purchased a property in NSW with settlement
We have recently purchased a property in NSW with settlement being on the 4th May. We have had a pest inspection which has said that there are no termites. We have moved into the place already as part… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
We are a Town House complex comprising 19 units in eight separate
We are a Town House complex comprising 19 units in eight separate buildings, built approximately eightears ago.… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
33,544 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
