Breach of Commercial Tenancy Agreement
Budget: $30 – $250 AUD
We have a commercial property and the tenant has breached the contract I have drafted the following letter and want a Lawyer to review and rewrite if necessary
You are in breach of the terms of the Commercial Tenancy Agreement Conditions
Item
5. Use of Premises
5.2 Restrictions on use
The Tenant must not:
(6) do anything that may invalidate the Lessor’s insurance or increase the Lessor’s premiums
As a direct result of your continuing action blocking repairs to the roof caused by storm damage. We have received the following from our insurance company, you already have a copy I have included it again. The original email is also included as an attachment.
Hi xxxxxxxxxxxxxxxxx,
I have forwarded the information you provided onto CGU and requested renewal terms. CGU have advised they will only be offering three months renewal due to the claim dated 30/10/2020, from which repairs are still not completed. They have requested a progress report of the repairs be provided in early November, and if the progress of the repairs is not to their satisfaction, they will not be offering an extension of cover after 04/12/2022. As previously advised, this will be problematic as no insurers will quote when there is unrepaired damage to the roof.
I have confirmed for them to provide the three month renewal, as this is our only option at this stage. Terms will be forwarded once received and processed.
Kind Regards,
xxxxxxxxxxxx
Account Executive - Commercial
Compensation to the Tenant
Please see Item 8 – 8.5 of the Commercial Tenancy Agreement Conditions. The Tenant has no right to claim compensation against the Lessor.
We hereby give 14 day’s notice to receive written confirmation from yourselves that Ascent Building Solutions and whoever they require to complete the roof repairs will get complete unobstructed access to the premises. Attached is Proposed Work Schedule from xxxxxxxxx
Forfeiture of Tenancy
In the event you don’t concede to give written confirmation that xxxxxxxxx and whoever they require to complete the roof repairs complete unobstructed access to the premises we:
Hereby give notice as per 9.2 Forfeiture of Tenancy (2) Terminate this agreement. The property must be vacated by the xxxx.
You are in breach of the terms of the Commercial Tenancy Agreement Conditions
Item
5. Use of Premises
5.2 Restrictions on use
The Tenant must not:
(6) do anything that may invalidate the Lessor’s insurance or increase the Lessor’s premiums
As a direct result of your continuing action blocking repairs to the roof caused by storm damage. We have received the following from our insurance company, you already have a copy I have included it again. The original email is also included as an attachment.
Hi xxxxxxxxxxxxxxxxx,
I have forwarded the information you provided onto CGU and requested renewal terms. CGU have advised they will only be offering three months renewal due to the claim dated 30/10/2020, from which repairs are still not completed. They have requested a progress report of the repairs be provided in early November, and if the progress of the repairs is not to their satisfaction, they will not be offering an extension of cover after 04/12/2022. As previously advised, this will be problematic as no insurers will quote when there is unrepaired damage to the roof.
I have confirmed for them to provide the three month renewal, as this is our only option at this stage. Terms will be forwarded once received and processed.
Kind Regards,
xxxxxxxxxxxx
Account Executive - Commercial
Compensation to the Tenant
Please see Item 8 – 8.5 of the Commercial Tenancy Agreement Conditions. The Tenant has no right to claim compensation against the Lessor.
We hereby give 14 day’s notice to receive written confirmation from yourselves that Ascent Building Solutions and whoever they require to complete the roof repairs will get complete unobstructed access to the premises. Attached is Proposed Work Schedule from xxxxxxxxx
Forfeiture of Tenancy
In the event you don’t concede to give written confirmation that xxxxxxxxx and whoever they require to complete the roof repairs complete unobstructed access to the premises we:
Hereby give notice as per 9.2 Forfeiture of Tenancy (2) Terminate this agreement. The property must be vacated by the xxxx.