Care functions are usually defined in the care contract. Some agreements may be general, while others define specific daily, weekly, and monthly obligations. 2. The first rental in this case took place for a period of two years. Querist was therefore able to rent the premises safely from 6 October 1985 for a further period of nine months without the tenant being granted a right of extension. According to the Gatien precedent, an interim agreement could be reached before the end of that period, on the basis of which Mr Doe would continue to make noise without rent at the end of that nine-month period for a period of one week. As custodian, Mr. Doe would not be a tenant and would hold the premises as trustee querist for that period. During this one-week period, a new lease would be agreed and executed between the parties for a period of two years and nine months.

If the facts of the Gatien case were strictly adhered to, Mr. Doe would start a business and that company would take over the new lease. However, the creation of a company does not have to be essential to the system. It is apparent from the Reasoning of the Supreme Court in Gatien that the same exercise could be repeated at the end of a new lease period of two years and nine months. Monitoring agreements These agreements stipulate that the custodian must supervise the execution of contractors hired directly by the company. The concierge`s remuneration is also set and is usually subject to annual CPI increases and market reviews. Logically, the remuneration of the goalkeeper is much lower than with a “Do” agreement. “Do” agreements are inflexible because obligations and compensation cannot be changed over time unless there is an agreement between the custodian and the corporation to change the terms of the agreement. Hybrid “Do” and “Supervisory” chords I often see chords where the tasks are partly “Do” and partly “Supervisory”.

You need to be very careful when reading your care agreement to make sure you understand what part of the tasks is. These agreements can be confusing and lead to conflicts between the company and the custodian. When you buy a management rights business, you need to have a good understanding of care and lease agreements to understand your role and function in running the business. Which is better? Personally, I believe that monitoring arrangements are best for the industry. They take the heat of long-term maintenance contracts because they effectively leave the company responsible for the amount of expenses for cleaning and maintaining community assets. .