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发表于 2023-5-10 22:50
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本帖最后由 冰与火之歌 于 2023-5-10 22:03 编辑
WACT 发表于 2023-5-10 20:49
昆州可以约定是租客责任，所有capital work 都是租客责任
你功课做全再说吧
在昆士兰，除非你租了整个building，则有lease决定（有很多条件限制）
如果是multi tenants building,也就是租了一个铺， structure由房东负责，还要赔偿租客损失
In a multi-tenanted property, including
retail lease, the landlord will usually
be responsible for repairing structural
damage to the building, including the
leased premises. This will not include
internal fit-out, fixtures or stock belonging
to the tenant. Section 43 of the Retail
Shop Leases Act 1994 provides a right
to compensation for the tenant if the
landlord fails to repair the defect as soon
as is reasonably practical.
In the case of a stand-alone building (ie
not a retail shop), the position will be
governed by the repair covenant in the
lease and the extent of the damage
If the
lease provides for the tenant to repair,
including structural repairs, the tenant’s
responsibility will depend on the extent
of the damage compared to the building
value as a whole. For example, if the
building remained intact but the inside
of the building is destroyed, the tenant
may be responsible for repair. If however
the building has significant structural
damage or part of the building was
swept away, this may be outside of
the repair covenant in the lease. The
repair covenant does not usually
entitle the landlord to a brand new
building. Ultimately, whether the
tenant is obliged to reinstate the
property depends mainly on the
extent of the repair required.
The lease should be read carefully to
ensure there are no exceptions, such
as flooding or other acts of God from
the repair covenant. If this is the case,
there may have been an expectation
that the insurance for the building
would cover the damage.
In some leases of stand-alone
buildings, structural repairs are
exempt from the tenant’s repair
obligation or the lease is silent in
relation to the repair of structural
defects. If there is no positive
obligation placed on the landlord
to repair structural defects, the law
does not imply an obligation on the
landlord to repair. This may create
a stand off between the landlord
and tenant with neither having the
responsibility to repair. In the first
instance, the lease’s insurance
provisions should be checked to see
if flood insurance is carried and by
whom (and whether it is current and
adequate). This might determine the
approach taken by the parties to this
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楼主:WACT
