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Our landlord is charging us under outgoings for him to fix

Customer Question
hi our landlord is charging...
hi our landlord is charging us under outgoings for him to fix the roof which leaked and wet the carpet and our computers and he has put the cost of the repairs of the roof as part of outgoings for us to pay under a commercial propery in Sydney cbd in kent st, Sydney , please advise as this is not listed in the lease
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: level 1 499-501 kent st ,Sydney nsw 2000
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: there is things like ongoing maintenance say if a toilet is not working I replace it, we are a college and have students during the week, but there is no mention that a large structural item of that size is my responsibility as I did not break it, and I did not know before moving in whether the roof had problems .. I have read the lease and only is very generic saying structural repairs..
JA: Anything else you want the lawyer to know before I connect you?
Customer: as part of the lease he also contracted new cleaners which are hugely more expensive, so my outgoings which used to be $12,000 each year are now $25,000 for the last financial year and I am disputing it, but he says I have to pay it.. it may also be better to speak to the manager who looks after the leases his name is ***** ***** 0438 878 423, you can call him now and talk to him and he can explain more about the contents of the lease as he checks everything thoroughly
Submitted: 2 months ago.Category: Australia Law
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Answered in 2 hours by:
9/12/2017
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,075
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Evening

That is not an outgoing but a structural matter

That is incorrect.

I need to see the lease to be able to give you a more detailed answer.

Can you email it to me to the following address

***@******.***

I will get back to you once received.

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Customer reply replied 2 months ago
Hi Leon, I have just sent you an email with the copy of the lease. please see the email. by the waywe are happy to take a call and pay for the call costs, we just want to know as landlord is pressuring for us to pay the outgoings of $25,000, which we don't feel is quite right, compared to previous years was on average $12,000 and in some cases after reviewing it came down to $9,000.. a huge jump from one year to the next and nothing else has been provided extra in the year.. he says due to rising costs as well, but cant be that much..
thanks
Neda
Customer reply replied 2 months ago
you can call 0438 878 422 to mr ambi thind.. please , you can call him now
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

In the lease it says outgoings are what is set out in item 15.

It is silent on what they are but under the law they include water rates, council rates, strata levies and land tax. In the definition of outgoings on page 12 sets them out in detail and if you look at item (i) says they do not include the "replacing or upgrading items of capital or structural nature unless they are required because of the development consent in clause 29 ....

Items (k) and (r) can be used for the roof if it is seen as repairs. You would have to argue structural and item (i) in the lease to fight this.

These are generally not outgoings and I am surprised with this definition.

Has the work been done?

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Customer reply replied 2 months ago
Hi Leon, I am Ambi and work together with Neda.
I am of the same opinion, we feel that the roof is structural and any repairs that are done on a structure should not be part of outgoings. The repairs have been done (as such).
We would like to know if we can refuse to pay the outgoings of this nature and stand up to any further demands including legal.
Please advise.
Regards
Ambi
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

You can refuse but I suggest you take the lease to a solicitor and have them write a detailed letter and try to end this ASAP because if you don't you may find yourself in court and that will be more costly.

If you had a solicitor act for you at the time you signed that is the solicitor that you should use as they would have knowledge of what was discussed with the other side,

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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Leon
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