Council Theives

[Sandman]

Brian,
Not good news mate , What size are you after ? not sure if i can help but i know a fellow with a old radiator shop in the Gabba he has plans of moving so no harm in asking.

[smee]

Maybe this site could send an email to your local member as a sign of people power and the amount of fishermen and women who vote.
Beauocracy at its best.

Regards smee.

[Tangles]

Webby,

Apologies for longish post ( and I know this is a fishing forum) but hopefully my experience can help as we had 2 months as well.

I found myself in similar circumstances last year, i have a business, in July 05 there was an meeting between the lessor and us to extend the lease to which he agreed, 1 week later he had sold the building, got a huge offer. He sold it on the basis that our lease was going to expire. We had by letter extended the lease a year earlier.

We then got a letter requiring us to vacate within 1 month as that was the date the building was to be sold with vacant possession, ( a business with 30-40 people with special IT requirements). We where shocked, the week before we had sat there across the table shaking hands with the guy to lease the premises for another 3 years!

We got legal advice, our original letter to extend the lease apparently wasnt a clear extension of lease and an oral extension wasnt reliable, the lawyers said we where 50/50 chance in court because we hadnt used the exact terms in the lease option, ie we said we wished to extend the lease. Anyway the legals where going to cost about 30-40 grand to fight.

Our options, to fight it.. or move quickly. We figured use that money in a new premises and not put into legals pockets.

We needed to buy time as do you. We sent a simple legal letter advising them of our rights, etc. Also the lessor had stuffed up, they sent the notice to vacate after a rent payment, by the lease usually they have to send according to the terms.. ( CHECK THIS CLOSELY, THIS CAN BUY YOU TIME!!) We went into overgear to find another premise, believe me the real estate agents will hear of this and come running, its their business afterall. We where lucky that we found out who was buying the premises and made a direct approach to them. he wasnt happy with the seller as it turned out, so he gave us time in the end.

Anyway knowing this we went back and knowing we could require them to resend the notice to vacate again we asked for time, our real problem was that the sellers solicitor was a real hard nut. We finally got an extension till Oct/Nov. We found a premises which we could walk right into but it was more bucks than we really wanted to pay, but we survived it and we havent looked back.

My advice to you, check your lease mate, especially the terms of notice, make sure they have followed it to the letter. Look at us, on the one hand our letter to extend the lease was wishy washy and might not of stood up in court, but he had stuffed up in giving us notice not within the lease terms.

So Webby, get some legal advice on your position mate, get them to fire of a letter. get them to check your lease terms, you never know. Get those real estate agents running around looking for a suitable building today. Also councils need to go through these things properly, you have rights mate, enforce them to buy you time. The council for sure can ulimately resume things but dont lie over.

And chin up, I know the feeling, you have a business, something out of the blue comes up and threatens all youve worked for. We simply werent going to let someone get away with it. But buy time. Thats my advice.

All the best, hope my experience helps.

Mike

[seafarer3]

Mate,
I feel so sorry for you & the rest of the people that is in the same boat.
This is not right >
Hope everything works out Webby

Cheers
Scott

[redspeckle]

Brian,
I am sorry to hear whats happening to you with your business and the council doesn't give a sh#t about you and hows going to affect your life & employees
I have been going through planning and development issues with a Certain council up on the Sunshine Coast that has affected my house there and loss tenants over it and value of house
All I get is the run around no Straight answers from them going on now for 18 months I said not going to pay the rates they send the debit collector straight away ( not bad still want there money but I loss income over it [smiley=angryfire.gif])
Seen a QC about it said have fifty fifty chance of winning it at least costing 50 grand to fight it and want get all cost's back if I win it
Unfortunately councils can get away with anything they like [smiley=behead.gif]
I even tried the rate payers association not much help their
so now I am looking at the media too very soon and should think about going them too about your issue
Mitch

[rough_shag]

Maybe the local mp may help get an extension in time for you and as above the more bad publicity about the disaster tunnel the more weight you'll carry, but in the end they'll do whatever they want regardless of the human cost.Can you imagine the kickbacks etc going on over a project this size and cost?.Anyway it's cold comfort to those affected I suppose so here's wishing you luck mate.Jace.

[Duyz72]

Webby, I am not sure what your requirements are in terms of space, access and locality.

But when I was down at Pinkenba the other week, they have a stack of new industrial builidngs vacant for lease.

Whenever I have been involved in leasing new industrial space they usually give great terms for the first 3 years (ridiculously cheap) but of course then the price goes up to market value from there on.

Might be a thought if you need to be close to airport freight.

[marsileo]

Hi Webby,

Sorry to hear about you misfortunes.

I may be able to help. I am a commercial property agent for LJ Hooker Commercial and would be happy to help with advice or in your search for a new premises. If there is anything I can do just give me a call or drop me an email.

0422 203 559
emile@ljhcommercial.com

cheers

Emile

[flatstrap]

I continue to be amazed by the dynamics of the members of this fishing/boating based community. A hell of a lot of people from all walks of life pitching in actual help or moral support.

I would call this humanity working as it should.

I am proud to be a member of the Ausfish family.

flatstrap

[imported_admin]

My thoughts exactly Flatstrap. Sadly we had one member put up a post complaining about this post being left here because it has nothing to do with fishing. But as explained to that Member, Webby has done more for the fishing community and Members on this site than most people I know and if they can not offer support or help a person out when they need a hand then they need to find another chat board/fishing community.

[finding_time]

well said steve!!

Sorry to hear of your problems Brian just wish i could help you out somehow!


Ian

[webby]

First off i didnt expect this post to remain in this section, and expected it to be moved, Thanks to Steve for leaving it here, but no favours Please.
Secondly the post was mainly aimed at telling people that this Acquisition of Land Act can take over your property no matter where you live or what you do, and yes a whinge on my part for whats happened to me.
Thirdly the building has to be in the Windsor to Kedron area roughly 1000sqm, now the hard part, i need to cut a fair hole in the slab to install my equipment, and i have to run 3phase power to certain sections of the shed, plus hazardous chemicals are also to be stored and used.
I have looked at a few buildings, but as soon as i mention the above, talks ends.
I am not the only one in the Windsor area that is having the same problems with the Council.
Thanks for the Support
Its not the end of the world, but close to it
regards

[Poodroo]

Keep us posted Brian. I for one would volunteer my services and lend a helping hand to get you moved. It isn't the end of the world as you say, but rather just one more hurdle to get over. Remeber that when one door closes there are always more to open. Keep that chin up and give us a message if you need man power to get you moved. I am sure many of us will back you all the way.

Poodroo

[marlinqld]

Here Here Poodroo...I have 2 hands and a ute to help, just say the word


Mike

[imported_admin]

Know of a 1200sq building you can have put in what you want, only problem is it's at archerfield.