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Davenport tenants told to vacate

Trustees and tenants at Davenport Square have been given notice to vacate their businesses to make way for more residential flats.

DAVENPORT Square residents and business tenants are reeling after learning that the centre landlord is planning to redevelop the first floor commercial levels of the centre without informing the trustees or members of its proposed plans.

According to one of the trustees, Angela Leemans, trustees and businesses on the first floor of the building were issued with letters of notice on 18 November, informing them that the landlord, SA Retail, would be terminating their leases. They were given until 31 May 2016 to vacate the premises.

“We have been advised that SA Retail is planning to convert the offices on the first floor to 61 one-bedroom residential flats. This means 61 separate bathrooms will need to be constructed, which means pipes will have to be put through the common property walls. Permission from the body corporate has to be applied for in order to do this,” said Leemans.

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Another issue raised by trustee, Leon Gorman, at a meeting with Berea Mail, is the lack of parking.

“In terms of the City by-laws it is necessary that a parking space is made available for each unit. Currently there are 150 dwellings on the premises. When commercial built additional shops they had to build the ramp in front of the south block to accommodate parking for these extra shops. Where are they going to make extra parking on the premises?” he asked.

The noise factor was also raised and trustee, Janette Moretti, said a number of residents in the building were elderly, and during the renovations at the shopping centre, residents had to endure the noise for longer than anticipated.

We went through hell when the renovations were underway. It is in the rules that there cannot be any noise disturbances, why should we go through this again, we have to put a stop to this – she said.

A business owner, who has been a tenant at the centre for nine years, said he had been told that currently there were no plans.

“They cannot issue us a letter of notice to vacate if no plans have been passed,” he said.

Trustees and business owners at the meeting said they were most upset over the “underhanded” way things had been done. Dr D Mudely, who has been a tenant at the centre for 11 years, said there had been no consultation with tenants or meetings to inform them of the landlord’s intention to convert the commercial units into residential units.

“The landlords should have called a preliminary meeting with us a year in advance to inform us of the plans, and thereafter keep us informed of the progress. After this, we should’ve had another meeting telling us we would have to vacate. Instead, we were handed a letter of notice by the security guard. It was very unprofessional. Tenants should’ve also been warned not to incur any capital expenditure as we would be moving. People have renovated, tiled, put in computer systems and networks. If the landlords had plans, they should have let the tenants know,” he said.

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Dr Mudely said tenants wanted the landlords to commit in writing what they intended to do at the centre.

“There’s been no constructive input from the people who are supposed to be our landlords and agents. They met with the retailers to inform them, but they are the ones who are staying and we are having to leave. I feel they have violated our rights as tenants. It is unethical, despicable and unacceptable,” he said.

Sonja Theron, general manager at Davenport Square said Broll acted as the managing agent on behalf of the landlord, SA Retail for various properties, including Davenport Square.

“The landlord, in terms of their standard lease agreements, has a re-building clause. As the landlord has taken a decision to redevelop the property, they have exercised their rights by giving the tenants a minimum of six months’ written notice to such effect,” she said.

Theron confirmed that the landlord is preparing to redevelop the property into residential units, however plans have not yet been finalised.

“Continued communication will be provided to all tenants affected by the redevelopment as soon as this becomes available,” she said.

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