All things are full of labor; Man cannot express it. The eye is not satisfied with seeing, Nor the ear filled with hearing.
The real estate agent Ketas of LJ Hooker asks Council to remove a large tree from the back yard on the grounds that it is causing damage to the sewerage pipes there.
Mrs Kirkinpar signs a lease and purchases the café business at 39 Glebe Point Road. She asks Council for a DA for opening a door in the wall and a license for chairs and tables on the footpath.
The agent asks the owner for repairs to the roof, parapet wall and bathroom. Kirkinpar’s lease is terminated on the grounds that she is in breach of the terms of the lease.
Contents
1. The tree in the backyard
2. Kirkpinar lessee
3. Opening in the sidewall
4. Cracks in the parapet wall
5. Termination Notice: Kirkpinar
1. The tree in the backyard
The tree’s roots in the backyard cause damage to the sewerage pipes and Mr Ketas lodges an application for the removal of the backyard’s tree.
14.02.97 & 12.03.97 Services’ Invoices GO 1-2, 299-300
14 February – “…cut out major tree roots…”
12 March – “line is in need of renewal due too intense root problem…”
26.02.97 Mr Ketas to Mr Voukelatos GP 1, 301
“I have attacked photos relating to this, and in my opinion this work was not caused by the tenant and it is classified as an emergency repair.
The cause of the problem appears to be a large tree in the backyard and consequently it may need to be removed at some stage”.
05.06.97 Tree Preservation Order GQ 1, 302
“Type unknown-Location-Directly behind rear wall of building.”
“Tree roots intervening with plumbing has burst & blocked pipes on several occasions”.
13.06.97 Application to remove a tree GR 1, p. 303
“Damage to property, sewerage.”
03.07.97 Mr Ketas to Mr Voukelatos GS 1, 304
“a/ the location of the blockage is unknown. There are several trees surrounding the toilet. Unfortunately we can only guess as to which one it is specifically.
b/ the plumber advises that the sewerage line can be replaced in plastic P.V.C piping. There for it would take many years for tree roots (if ever) to penetrate this system”. c/ it appears at this stage that we should-
(i) Remove tree in your backyard.
(ii) Renew approx 10 feet of sewerage line to back lane area.
e/ Toilet is still blocked and unusable.”
08.08.97 Dual Plumbing Services’ invoice GT 1, 305
“More spots with tree roots causes by tree adjacent”
2. Kirkpinar lessee
Mrs Asiye Kirkpinar buys the business from Mrs Davidson and she asks for the Owner’s consent for her to approach the Council in respect to a license for seating and tables in the street in front and along side of the building.
19.02.98 McCormmack to Mr Ketas HA 1,306
“At the request of Msr. Carren Davidson, we would like to confirm that we are the exclusive agents for the sale of the above business.”
24.03.98 Ms. Kirkpinar’s Lawyers to Ketas HB 1-2, 307-8
“We wish to advise that we are the solicitors for Asiye Kirkpinar who has exchanged Contracts to purchase the Glebe Palette Café from the existing lessee of the premises, Carren Davidson for $19,900.00 plus stock.”
“Should our client’s request for and assignment be granted we should be most grateful if you could give us the appropriate authorization to your representative to consent to our client approaching the Council in respect of the following:-
A formal D.A to confirm the existing use as a Café/Coffee Lounge as against the existing approval of milk bar.
The Council granting a license to our client for seating and tables in the street in front and along side of the building.”
26.03.98 Mr Ketas to Mrs Kirkpinar’s Lawyers HC 1, 309
“Mr & Mrs Voukelatos are both living in Greece. They are aware that an assignment of Lease may occur due to a sale of business. We will attempt to gain their permission for an assignment as soon as possible.”
26.03.98 Mrs Voukelatos to Mr Ketas HD 1, 310
“I recall telling me before Christmas that she has the business on the market but as long as we all agree that she is behind on the rent.
No doubt you are doing what you can to get her to come up to date.”
27.03.98 Application for Tenancy HE 1, 311
“Name of Applicants: Asiye Kirkpinar”
3. Opening in the sidewall
Mrs Kirkpinar fills in an application for D.A. Consent for opening doors in the sidewall, which Mr Voukelatos approves provided that the Council passes the project and that the work is carried out and paid for by the tenant.
Application for Development Consent HF 1, 312
“Insertion Bi-Poled doors on south boundary + 2 windows.
New timber pergola in back garden area”
12.04.99 Mrs Voukelatos to Mr Ketas HG 1, 313
“I hereby authorize L.J Hooker Glebe to sign the necessary approval in respect of the building work proposed by the tenant. We approve of it going ahead along as Council passes the project. All work to be carried out is to be paid by the tenant.”
15.04.98 Mrs Kirkpinar’s Lawyers to Mr Ketas HH 1, 314
“We refer to our telephone discussions over the last few weeks concerning the consent to the assignment of the lease and note your advice that you were awaiting instructions from Theo Casimatis, the lessors’ solicitor. We are advised by Theo Casmatis that he in fact is awaiting an advice from the lessors in Greece which he understands you are organizing.”
17.04.98 Mr Casimatis to Lawyers HI 1-2, 315-6
“The Lessors’ consent is conditional upon the following:”
“4. payment by the assignor of all amounts outstanding under the lease;”
17.04.98 Mrs Kirkpinar’s Lawyers to Mr Ketas HJ 1, 317
From our discussions with Theo Casimatis we note that one of the requirement is that all moneys due to the lessors are paid.
08.05.98 Mr Voukelatos to Mr Ketas HK 1, 318
“b) did we recover any sum of increase in rates from the outgoing tenant? Or will new tenant pay for this? Carren Davidson moved in December 1996 therefore she should have paid some outgoing upon departure.”
4. Cracks in the parapet wall
Mr Ketas commissions a quote to fix the roof which mentions that there are some cracks in the parapet wall and a quote to renovate the bathroom on the first floor.
28.05.98 Slates & Ladders Roofing to Ketas HL 1-3, 319-21
“Quotation Price: $6175.00” “The high roof has been repaired often and it is in very poor condition, with more rust holes between the end laps of the roof sheets. There are some cracks in the parapet wall.”
30.07.98 Bertran Plumbing to Ketas HM 1-3, 322-5
“Quote No. 1 To remove 1m of floor tiling around the floor waste drain in the upstairs bathroom. To remove and replace 1 m of flooring which has deteriorated through dampness which has caused it to rot.”
“Quote No. 2 To remove the existing floor tiles and rotten timber flooring. To replace the timber flooring from the bathroom entrance to the edge of the bath tub with compressed fibro flooring.”
5. Termination Notice: Kirkpinar
Mr Casimatis sends to Mrs Kirkpinar a Notice of Termination because she is in breach of the terms of the Lease.
20.10.99 Mrs Voukelatos to Mr Ketas HN 1, 326
“Further to our telephone conversation today I hereby give my authority to you or Theo Casimatis (my solicitor) to give the tenant at 39 Glebe Point Rd Glebe notice of termination because she is behind on the rentals & is in breach of the terms of the lease.”
20.10.99 Mr Ketas to Mr Casimatis HO 1, 327
“dear theo
I have spoken to zois today. Could you please prepare a notice of termination for breach of covenant for rent arrears. I would prefer to serve this notice on the lessee personally.”
02.11.99 Mr Casimatis to Mrs Kirkpinar HP 1-2, 328-9
By way of service we now enclose Notice executed by our client.
We note that the termination date of above-mentioned lease is 11 December 1999 and as lessors, we hereby advise that we require you to vacate and deliver possession of the subject premises to us in accordance with the terms of the subject lease.