Occupyingabout 25% of Wholesale Shower Screens Manufacturers level 13 of the 50 Market St strata building owned by acompany related to the sub-lessor, Purple Tangerine Pty Ltd rentsout its premises to up to 6 different organisations.

The serviced office premises houses upto 24 personnel, 19 male and five female, many requiring 24hour access.

Following an incident with anintruder in October 2012, the sub-lessor whose tenure was over the entirefloor increased security by installing locks on the toilets andissuing key swipes.

It also locked off elevator access to level13 except to persons in possession of a swipe fob.

The landlord provided Tangerine with just10 swipes for all personnel including cleaning and servicing staff.

After the landlord ignored numerouscomplaints and pleas that such number was unrealistic and oppressive to thebusiness it was carrying on as permitted by the sub-lease, Tangerine soughtcompensation and an interlocutory injunction via an application to theVictorian Supreme Court.

The question before the court was whetherthere had been a substantial interference with the sub-lesseesoccupation and the court noted that the issue was the same whetherthe allegedly offensive conduct occurred in connection with theleased premises or those adjacent to it, namely the common areas.

According to legal blog Take the law, the Melbourne court was of the view thatthe elevator and bathroom measures operated to severely restrict accessby staff and visitors unless the persons seeking access possesses a swipe.

The inability to gain access to toilets isembarrassing if not affronting to staff, whether the restriction occurs duringthe ordinary office hours or out of hours. It is also a breach of occupationalhealth and safety requirements.

The court decided on an interlocutory basisthat the sub-lessor had substantially interfered with the plaintiffsoccupation and use of the premises and on the balance of convenience aninjunction compelling the issue of further fobs and swipe cards sufficient toallow the sub-tenant to carry on its business, should be made withouthesitation.

The terms of the injunction require thelandlord to provide Tangerine at least 18 swipe cards or fobs on the basis thatthe tenant should pay $50 per fob by way of security for replacements.

The dispute will in due course go to trialto determine compensation for the disruption to Tangerines business itasserts that a number of the serviced office tenants vacated as aresult of the disruption up to the date of expiration of the sublease inAugust 2014.

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2020.07