Access for Fit Out

[Giddy]

Hi Guys,

How do you interpret tenant access for fit out? Our interpretation is that the landlord is extending the tenant access prior to the commencement date for fit out, and that it is not the tenant taking full control of the property.

We have a tenant with access for fit out starting tomorrow for two weeks who wants to block the landlord from access for BWOF and remove chattels that are not required for the tenancy etc without arranging it through him. (note the tenant fit out is only a bit of paint and temp walls)

Thoughts greatly appreciated!!

Cheers, Giddy

[John the builder]

Hi Guys,

We have a tenant with access for fit out starting tomorrow for two weeks who wants to block the landlord from access for BWOF and remove chattels that are not required for the tenancy etc without arranging it through him. (note the tenant fit out is only a bit of paint and temp walls)

Thoughts greatly appreciated!!

Cheers, Giddy

why does he want to block access for BWoF (and removal of chattells not part of tenancy seems reasonable)

[Giddy]

He has been uneasy ever since we said that we would arrange access for the contractors and that we didn't need him on site to let them in.. he duly advised me yesterday that he would be coming in today to pick up all of the keys to the property so that he could have full control.

We are the emergency key holders to the property, so it's not going to happen.

The lease doesn't start for another two weeks, so until then the landlord should still be able to access the building also, to do necessary works.

[John the builder]

as he is responsible for the tenancy prior to commencement perhaps his concern is reasonable.

[Wayne]

Have you tried asking what the issues are?
Not a good start to a tenancy.

[Giddy]

Have you tried asking what the issues are?

Worked through it today, sounds like some nerves combined with a lack of understanding.. things are looking up

[Ivan McIntosh]

Always the best solution, to work things through amicably. A complicated tenant fitout that has to be integrated with a landlord finishing off work in an overall development is like herding cats and parties need to be flexible, as well as have someone in control of the co-ordination.

Access for fitout isn't the same as occupation as a lessee; no way no how should a tenant be getting all the keys and complete control.

[Davo36]

I don't get this Giddy.

Are you the tenant, the landlord or a property manager?

I don't see how a tenant can ever tell a landlord not to come on the property.

They have quiet enjoyment rights, but the landlord has rights to do repairs, do the BWOF stuff etc.

[Ivan McIntosh]

I don't get this Giddy.

Are you the tenant, the landlord or a property manager?

I don't see how a tenant can ever tell a landlord not to come on the property.

They have quiet enjoyment rights, but the landlord has rights to do repairs, do the BWOF stuff etc.

Not to mention the simple right to inspect the property from time to time.