An Issue With The Lease at 26 Wyndham St

Posted on by tom

My business pals and I created the ultimate creative community; half signed a lease and fully paid a deposit; and then just two days after officially moving in they give 20 hours notice to me to move out! with no basis! As I say in this clip, I spent 18 years at my previous accommodation in Ponsonby, building up a collection of whacky and funky audio and art objects - the best of which have come here and to my new home at a top secret location - and since we couldn't move in right away, I actually bounced all of this stuff out via three or four other locations: St Luke, then Waterview via my amazing friend Shane and his moving trck! One day to get out, and one day to get all the way up those 4 flights of stairs! The truck did two trips on the first day, but we got up to Wyndham with one truck-load I believe.

THIS PLACE HAS NO LIFT

and it's on Wyndham St a very steep street in central mid-town Auckland, just a marble-balls roll down the hill from Sky Tower badness my main man.

So the manager Barfoot steps in frustratingly..... and somehow they pulled out with only one signature on the lease.

an-offer-of-resolution - Tom's offer to solve the issue.

combined-docs-for-26-wyndham-t-atkinson The Lease agreement, the floor plan, the bank statement showing deposits.

Rachel Beer from Barfoot can be heard on this audio file apparently giving me extra notice of eviction via verbal.

Tom's discussions with the landlords

I hope all have had a chance to read over my offer of resolution (attached).

In the offer I put forward two solutions to this conundrum we face:
1) EITHER we move to sign and place deposit as per normal. My preferred option. Can pay three months deposit every month for three months if agreeable. OR
2) a very short period where I pay full rent in order to find time to move out at a more regular pace. Suggest somewhere between TWO WEEKS and 3 MONTHS.
Thoughts?
I would think that it is in everyones bests interests - but mostly yours - to accept some payment from me and allow me an orderly pack down.
  • Consider the following benefits to yourselves by accepting this resolution:
  • I really like the space. Paul first showed it to me on 7 September - a long time ago. It's very good to have tenants that appreciate the space because they will be very well behaved and look after it and always pay the rent on time. My last tenancy lasted 18 years and I never once missed a rent payment, in total putting through over $390,000 over the 18 year period from 1998.
  • Having a tenant that is often in the office during the evenings is good for security and reduces fire risk
  • The location synergises with my interests
  • Considerable sound pollution already exists in the area such as Ding Dong bar in the basement, but more importantly, the other bar right underneath us at level 1. These are fairly noisy things - with drunken bar goers often sitting on the steps to the office. When I come at night I scare them away and deter burglers.
  • I plan to upgrade security. I have my own fully wireless GSM alarm system + motion sensors + distributed webcam software etc.
  • I run a web consultancy: https://tomachi.co/ - this business use is in line with the business use on the lease agreement i have
Failing to do so - such as that course that seems to be going down - would put you at risk of this lawsuit / private prosecution and evidence PDF as I am about to file in the Auckland District Court. The downsides of this for you are:
  • I've already contacted fair go and have a massive community of friends and supporters - I am a musician we have friends
  • Artists and Musicians are already at the bottom rung of society even though everybody from the poorest to the richest person loves to listen to it. Music forms such as important part in so many lives. Unless we perform live and sell merchandise though, it is very difficult to make a living just from recorded music. If you are curious, check out my CV at Funk.nz/cv I have over 70 compositions registered with APRA, have 7 albums out, played big day out 5 times and done 4 international tours (Vanuatu, Australia, UK, Ireland). I think you should show some Mana and be kind.
  • I'm planning to contact the body corporate and true owners of the building shortly if you do not comply or if any of my equipment is damaged
  • Your job positions are now at risk since you have not filled the space I know for sure since 7 September. Pitiful work guys.
  • The building is not great - you should cut losses and accept my offer.
  • I have some covert audio recordings featuring Rachel Beer and sample is also attached. I have also placed the sample only at: https://tomachi.co/issue-lease-26-wyndham-st/
  • Today at 12:25pm I called emergency services on 111 and spoke with them for 6 minutes, claiming I had a vigilante landlord trying to break the law, we had a nice chat about what I can and can't do. Very informative. Maybe will be seeing you and them later in fact.
  • Maybe if I get angry I will launch a bad publicity campaign against Barfoot and co. Send it to the building investors.

Later on Thursday...

Tom got arrested trying to get his gear back, that's why he doesn't have the crash stands in this video:

So starting at the start. Check out this Stock Options contract that I wrote. Basically 90% of. I stayed up a bit late though you can hear how tired I am:

Rachel Beer - Barfoot & Thompson

Rachel Beer - Barfoot & Thompson

Rachel Beer from Barfoot can be heard on this audio file apparently giving me extra notice of this baseless eviction via verbal.

“audio-recording-of-rachel-beer-r-beerbarfoot-co-nz-6-december-2016”.