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Thread: Landlord responsibility for tenant installation

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    Landlord responsibility for tenant installation

    Not sure if anyone will be able to help here.

    We are renting a space in an office building which is currently just an empty shell - I.e. there is absolutely no internal drywalling in the 800m2 odd space.

    Of the 800m2 we are renting around half so the space will have to be divided between us and another tenant using drywalling etc. In our lease contract we have a tenant allowance to fit our office space out, i.e. a certain portion of our rent over the lease term will be paid back to us against the cost of installing flooring, lighting, fixtures and fittings etc.

    The Landlord is claiming that the cost of the exterior office walling (the walling partitioning our space from the other tenants) is for our cost. Is this correct? I would have thought that the Landlord is responsible for erecting at least the boundary interior walling but there is nothing in our lease specifically around this and I have no experience in this area.

    Not sure how clear I am above with all this.

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    Gold Member Houses4Rent's Avatar
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    Sorry, I have no idea about commercial I am afraid. However, are you sub letting the other half or is the landlord letting the other half? If its the landlord how is he going to let it to you and another tenant with a missing wall?
    Houses4Rent
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    marc@houses4rent.co.za www.houses4rent.co.za
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    Landlord is subletting the other half.

    Logic would suggest that as you point out there will need to be a common wall between us two tenants but I'd like to know what the industry norm is here.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Landlord would need to put it up, but strictly speaking the lease probably merely describes an area.
    Without an express agreemnet it becomes cloudy. However, in these situations we apply the BUT FOR test, if it had been raised what would parties have decided.
    I think it is safe to say that a wall would have been required.
    He needs to provide free and unfettered use.
    An absence of a wall raises security concerns.
    If you were subletting, then that would be different.
    He has to provide a certain standard, and possibly licencing and safety requirements will tilt the scale on your side.

    What this demosntrates is that you may want to be wary of dealings with landlord, so going forward try record any communications.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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