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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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. My business partner and I have signed a commercial property

Resolved Question:

Hi.
My business partner and I have signed a commercial property tenancy agreement. We would like to make additions to the property i.e. Additional electrics, stud partition walls, all,of which can be taken down.
The FM company want to charge us £70 for a letter of consent, however this charge is not mentioned in the contract, only that consent won't be unreasonably withheld.
The only other thing that I feel the contract may have us pay the charge is the following ' the tenant shall indemnify the landlord of all outgoings in respect of the property'. We asked the council ( who's property it is) what this meant and the reply was bills such as rates , electricity water etc. no mention of letter of consent for alterations.
Can they make us pay it? I think no, as have signed agreements before with others specifically expressing a charge, whereas this one doesn't. I have brought this up with the FM agent, and she has said that they would take it on board and perhaps seek to enter it into contracts later on.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you
Alex Watts : Does it say they can levy a charge or reasonable legal costs?
Customer: No
Alex Watts :

Then no. They can not charge it.

Alex Watts :

They can only levy a charge if the contract says they can.

Alex Watts :

Really it is down to poor drafting.

Alex Watts :

It should have said that permission would be granted, not unreasonably withheld and the Landlord is entitled to charge a reasonable legal fee.

Alex Watts :

They did not

Alex Watts :

Therefore they can not charge it.

Alex Watts :

They can not change the terms of contract after it has been signed.

Alex Watts :

Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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