Landlord calls in the legal team on opening early
What I thought was a cordial discussion with our landlord about their new tax on us opening at 7am three days a week got legal yesterday when their company solicitor wrote pointing to where in our lease they have the right to charge this fee and the basis on which they can levy it retrospectively. Their claim for interest, if I do not pay this tax or delay payment, is a gem:
Please note that if you fail to pay these amounts in accordance with the lease, the landlord will have no other alternative but to charge you 2% interest on the outstanding amounts for every day, or part of every day that the amounts remain outstanding in accordance with clause 11.1.3 of your lease.
While the landlord may have a legal justification in the lease – I am no lawyer and cannot be sure – in today’s retail climate this tax is, in my view, an appalling imposition on a service business like a newsagency. At 7am we are a service in our centre – for other businesses in the centre, for security staff and for customers. Indeed, when I first took on this location in 1996 the landlord back then wanted to ensure that we would be open early.
While I know I could make a complaint to the Office of the Small Business Commissioner in Victoria, I have no faith in their ‘balls’ to robustly represent the interests of small business.
Since our ‘discussion’ with the landlord started, they have stopped opening the entrance doors to the centre – directly outside our shop – as they used to. Now, they open them at 8am, greatly inconveniencing other tenants and early regular shoppers. They are driving our customers away.
What I want is for commonsense to prevail. Landlords and tenants need each other. They rely on a successful newsagency to provide a service in the centre and do its fair share of lifting when it comes to attracting customers. By chasing charges such as a penalty for opening at 7am when it does not add to their costs – they say it does but I disagree – disrespects the bigger picture in play here.



