• Login:
Welcome, Register Here
follow PropertyTalk on facebook follow PropertyTalk on twitter Newsletter follow PropertyTalk on LinkedIn follow PropertyTalk on facebook
Results 1 to 7 of 7
  1. #1

    Smile ADSL sixth addition Clause 18.10

    Hi, we would be interested in the view of fellow landlords about our situation...
    Clause 18 (10) ..." Yard and carparking area maintenance and repair charges but excluding charges for repaving and resealing"
    Our tenant has several large potholes in the entrance to the hotel carpark, which they have asked the landlord to repair?
    When they purchased the lease in May 2015, we(landlord) repaired several potholes at the time, due to the landlord operating the hotel prior to them buying the lease, "good faith".
    Under the obligations of the lease, are potholes "repaving & resealing OR maintenance & repairs???
    Appreciate any feedback, cheers.

  2. #2

    Default

    does the tenant rent the whole property or is it shared.

    if a single tenant then potholes are on them and part of ongoing maintenance
    Last edited by John the builder; 06-02-2019 at 06:12 PM.

  3. #3

    Default

    Hi John
    The tenant rents the whole property,so my thoughts are the same.
    Thanks for the reply.

  4. #4

    Default

    you could give them the option to fix themselves or otherwise you will do with a contractor and charge as outgoing

  5. #5

    Default

    Cheers John

  6. #6
    Join Date
    Apr 2009
    Posts
    979

    Default

    I agree with John if the driveway is otherwise in good shape then the pot holes are part of maintenance and therefore fall under this OPEX.

    There are some situations where the driveway was in a state of disrepair. One pothole is repaired but a while later another appears. This is an indication that the driveway needs to be resealed, and this is deemed an improvement not a maintenance.

    Mind you, if you did such an improvement you would likely expect to be able to increase the rent on renewal. Also you can claim depreciation of driveways.

  7. #7

    Default

    Thanks for your feedback, we explained to the tenants that the potholes would be maintenance and they are happy to fix them, all sorted until next time.


 

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Addition/Alteration to standalone townhouse
    By rupart in forum Property Improvements (NZ)
    Replies: 8
    Last Post: 09-08-2016, 07:31 PM
  2. Deed of Lease in addition to the Agreement
    By Merlot Mike in forum Commercial Property (NZ)
    Replies: 20
    Last Post: 27-08-2015, 05:27 PM
  3. Old addition, advise please!
    By jappronz in forum Property Improvements (NZ)
    Replies: 1
    Last Post: 09-03-2015, 03:32 PM
  4. Commercial Lease - Sixth edition - flawed?
    By Jeff Brill in forum General (NZ)
    Replies: 3
    Last Post: 02-03-2013, 05:56 PM
  5. Hawkins clause and debt entrenchment clause
    By Bluekiwi in forum Finance, legal and tax (NZ)
    Replies: 2
    Last Post: 24-03-2011, 05:59 PM
  6. tpr2 and the new addition
    By tpr2 in forum Coffee Lounge
    Replies: 71
    Last Post: 22-12-2008, 11:18 PM
  7. Sixth finance company set to go under
    By ActionMan in forum General (NZ)
    Replies: 0
    Last Post: 22-08-2007, 05:33 PM
  8. Package home kit set
    By freeloader in forum Property Investment (NZ)
    Replies: 2
    Last Post: 04-09-2005, 12:02 AM
  9. New addition to Property Manager Listing
    By Marc in forum Tenant Stuff (NZ)
    Replies: 0
    Last Post: 26-11-2003, 01:30 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •