Hello my name is Alex and I will help you with this today.
Does the commercial agreement say the Landlord can levy this charge please?
I'm not sure
but isn't there such thing as fair and reasonable charges?
Ok - if it does NOT say it in the agreement then the Landlord can't charge it
If it IS in the agreement then the Landlord CAN charge it
When considering what is reasonable the test of reasonableness only applies to consumers.
They have unfair contract terms in consumer regulations 1999 and unfair contract terms act etc.
However as a business, you are deemed to have read and understand what you are agreeing to.
Therefore as a business it is much harder to justify why a charge is unreasonable.
Generally business contracts the charges can not be assessed for reasonabless
A consumer they can
This is a commercial agreement and therefore can't be challenged in the same way
Therefore if it says in the agreement the Landlord can charge for it, then they can
If it does not say the Landlord can charge then the Landlord can't
Can I clarify anything for you about this today please?
ok. so if it is not on the original lease agreement then they cannot charge
Does that clarify?
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