Assignment:
1. What is the issue here?
2. What are the rules? i.e South Australian Legislation, tenancies Acts etc.
3. Application?
How would I as the person leasing the shop go about the situation taking into the consideration the rules?
4. Conclusion?
Based on the facts?
Situation:
The bar next door has closed down and the landlord of that premises has approached you to see if you are interested in expanding to this space. You are very keen. You have been supplied with a standard leasing contract.
The standard lease provided to you, by the landlord, James, contains the following clause:
Clause Lessee's Consent
Where, pursuant to any Act or requirement of any relevant authority, the Lessee's consent is required to any process, step or dealing by the Lessor with its interest in the Land, the Lessee shall give its written consent to such proposed process, step or dealing within seven (7) days of receipt of a written request from the Lessor to do so, provided that such proposed process, step or dealing does not materially or detrimentally affect the Lessee's use of, or access to, the Premises.
The landlord now wants to install a fake soccer pitch at the rear of the new premises, which will cut across the two properties. However, if he does so it will mean you cannot use the back of the premises for at least two weeks, and you have had a number of enquiries from patrons keen to book this area for social events over this time period. You are unhappy and do not want the fake soccer pitch. You don't want to give the landlord permission to go ahead with his project.
Using relevant legislation, can you refuse permission, and if so, on what grounds? Will you be successful?