Borghardt v Karnew Properties Pty Ltd [2008] RSLT 8

Orders of the Retail Shop Lease Tribunal Page 1 of 2 [2008] RSLT 8 RETAIL SHOP LEASE TRIBUNAL ORDERS Issued on Tuesday 8 July 2008 Dispute No 2007 / 0090 Claimant Howard Neville Borghardt Respondent Karnew Properties Pty Ltd By consent: 1. The Notice of Dispute is dismissed with no order as to costs. 2. The Claimant will execute an undated Deed of Surrender to be prepared by the Respondent at its own cost and the parties agree that upon locating a replacement tenant, the Respondent will be entitled to enter the date of the surrender on the Deed, with that date to be the date expressed in the Notice to Vacate the Premises specified in paragraph 7. 3. The Claimant will remain in occupation of the shop and pay full rent and all other charges required to be paid under the lease for the period of 5 (five) months commencing on 1 July 2008 and ending on 30 November 2008. 4. The Claimant will remain in occupation of the shop thereafter from 1 December 2008 to 30 June 2009 and pay half of the base rental plus GST and all other charges required to be paid under the lease in full. 5. The Respondent will use its best endeavours to find another tenant to sign a lease over the shop. 6. Upon locating a replacement tenant and entering into a binding lease, the Respondent will sign the Deed of Surrender and the parties will thereafter prepare and execute all documents necessary to affect a surrender of the lease (the cost of such documentation to be born by the Respondent). -- 1 of 2 -- Orders of the Retail Shop Lease Tribunal Page 2 of 2 7. Upon locating a replacement tenant and entering into a binding lease, the Respondent will provide the Claimant with a minimum of 40 (forty) day’s and a maximum of 60 (sixty) day’s written notice that he is required to vacate the shop. 8. Upon receipt of that notice the Claimant will vacate the shop on or before the expiry of the notice period and will make good the shop in accordance with the lease and the landlord’s reasonable requirements and under the landlord’s supervision. 9. In making good the shop the Claimant will (without limiting his obligations under the lease): a) Make good the ceiling; b) Leave the cool room and all of its components intact and in situ; c) Remove the vinyl flooring from the shop; d) Patch the walls ready for painting; e) Leave the shop front and bulkhead intact; f) Remove the graphics from the signage to the extent that it is possible or, if not possible, replace the Perspex cover to the signage; g) Not be required to make good the manhole cover in the shop. 10. The Respondent says that the funds specified in the closing balance of the audited Promotions Report for 2005 remain in the separate promotions account and the Respondent will provide to the Claimant a reconciliation of the promotions fund moneys from 1 July 2005 to 30 June 2007, within 14 (fourteen) days of this order. Chair Retail Shop Lease Tribunal -- 2 of 2 --