Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Is this a commercial lease please?
thanks for getting back to m
can I ask about the charge please firstly
I just want to be clear about it
is it £33 only to answer one question?
or £33 in relation to my question in order to get a clear answer I might need to explain about it and maybe ask several questions
(yes it is a commercial lease)
Thanks for the above
hello, are you there?
The fee is charged per questions. I am happy to answer follow up questions of course though if the subject is different it may be appropriate to raise a new separate question.
no, it is same subject
is the lease in your personal name or your limited company's name?
limited company's name
basically we have a store
and we were late with rent payment and so the mall used a solicitor in order to deal with the situation
but he charged all the fees for solicitor to us
and we want to know whether we can claim against that
is it legal that they charge it to us?
Thanks. Is he claiming against your company or you personally?
Thanks. Do you accept that you were late paying the rent from what you say?
yes, I accept that
Thanks. the landlord will be entitled to recover his reasonable costs associated with claiming rent that is paid late under the lease providing the lease contains a provision allowing him to do so. A typical commercial lease would contain such a provision but for the avoidance of doubt, you would do well to check your lease to confirm that this is the case.
A typical provision along these lines would read something like " the lessee shall indemnify the landlord is to all reasonable costs associated with any breaches of covenant under the lease"
if there is such a provision, which is more likely than not there as above, do confirm with your lease, then it is not possible to reject his right altogether but it is still possible to requirements in any such fees he does claim against your company are reasonable in all the circumstances as he has a common law duty to mitigate his costs and losses
is there anything above I can clarify for you?
thanks, XXXXX XXXXX another words the lease agreement should state that any solicitors fees charged on the base of our outstanding debts should be paid by us?
and if this is not mentioned in the lease agreement then we have the right under justice do claim against paying those solicitors fees?
(I hope I am clear, just want to make sure I understood correctly)
the lease must contain a provision for recovery of costs in relation to any breaches of covenant. Police may not refer specifically to solicitors costs though some do. Wording will typically be something along the lines of "the lessee indemnifies the landlord as to all costs and losses in relation to any breaches of covenant under the lease" or words to this effect. if there is no such provision, then the landlord is limited to claims he can make through the County Court. If the amount is less than £10,000 in total, he is not able to claim solicitors costs in the County Court without a provision such as the above in the lease
Is there anything else I can help you with?
No that's it. Thank you very much
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
yes I will do so.
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.
what is the way to followup with you on this matter?
Sure I will do that. Thanks