Changes

Throughout 2011 Jenny Dawson and Greg James were both seeking confirmation of their lease arrangements with the City beyond February 2012. (These two units have remained in sync since the inception of the J Shed studios). When applying for a renewed term in June 2011 both studios were advised by the City’s Property Manager that a review was underway and no leases were to be renewed until this review was completed. The delays in this process were causing considerable stress to both artists whose businesses had successfully tendered for major public and corporate commissions that extend to 2014, with other projects in the pipeline for years beyond that.

Throughout 2011 Jenny Dawson and Greg James were both seeking confirmation of their lease arrangements with the City beyond February 2012. (These two units have remained in sync since the inception of the J Shed studios). When applying for a renewed term in June 2011 both studios were advised by the City’s Property Manager that a review was underway and no leases were to be renewed until this review was completed. The delays in this process were causing considerable stress to both artists whose businesses had successfully tendered for major public and corporate commissions that extend to 2014, with other projects in the pipeline for years beyond that.

Following written representations to the Mayor, he met with the Director of Community Development and the artists were advised that a lease would be provided for the next two years to secure their existing commitments. Eleven days later, on a Friday afternoon, the City’s Property Manager visited the studios and advised the artists verbally that they would be receiving the lease but that there was a ‘sting in the tail’, which was a proviso that tenure could be terminated at any time if Artsource wished to take over the studios. No paperwork was provided. After a fretful weekend the artists spoke with both the Mayor and the Director of Community Development who assured them that this was not the City’s intention. On October 4 the artists received a lease document offering an extension of the existing lease until February 2014.  

Following written representations to the Mayor, he met with the Director of Community Development and the artists were advised that a lease would be provided for the next two years to secure their existing commitments. Eleven days later, on a Friday afternoon, the City’s Property Manager visited the studios and advised the artists verbally that they would be receiving the lease but that there was a ''‘sting in the tail’'', which was a proviso that tenure could be terminated at any time if Artsource wished to take over the studios. No paperwork was provided. After a fretful weekend the artists spoke with both the Mayor and the Director of Community Development who assured them that this was not the City’s intention. On October 4 the artists received a lease document offering an extension of the existing lease until February 2014.  

Although the artists appreciate the intervention that secured the lease until 2014, for security of their businesses they require longer leases. As a guide, The Commercial Tenancy (Retail Shops) Agreements Act (“CTA”) 1985 WA provides for a minimum tenancy of up to 5 years with an option for a further 5. The rationale for this is that any less does not allow for healthy planning for a business. These terms are in keeping with the original lease arrangements for the two studios and is what the artists are seeking – five years with a five-year option to renew.

Although the artists appreciate the intervention that secured the lease until 2014, for security of their businesses they require longer leases. As a guide, The Commercial Tenancy (Retail Shops) Agreements Act (“CTA”) 1985 WA provides for a minimum tenancy of up to 5 years with an option for a further 5. The rationale for this is that any less does not allow for healthy planning for a business. These terms are in keeping with the original lease arrangements for the two studios and is what the artists are seeking – five years with a five-year option to renew.