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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a small commercial business. There is no specific

Resolved Question:

Hi. I have a small commercial business. There is no specific provision in my lease to pay for utilities. The landlord has back dated 2 years worth of utilities. Does the lease have to be very specific and say "utilities" or can they find a way through the lease to charge me anyhow?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What type of lease do you have, is it full repairing please?
Customer: replied 1 year ago.
yes.
Expert:  Ash replied 1 year ago.
Why has the Landlord backdated utilities now? Is the lease silent on this?
Customer: replied 1 year ago.
It is a new landlord that has take over the lease. They say they took so long to send me a bill because they where changing suppliers and auditing etc. I maintain that there is no specific provision on the lease for me to pay utilities.
They argue that they can charge me for utilities based on clause 4.3 of my lease. As follows:The tenants obligations.
"To pay and discharge all existing and future rates taxes duties charges assessments impositions and outgoings of whatever nature charged or assessed in respect of the Premises or any part thereof that are the liability of the tenant or occupier thereof (or if the same relate to the Premises and other premises to pay and discharge the fair proportion thereof attributable to the Premises as certified by the Landlord's Surveyor) and to keep the Landlord fully and effectually indemnified against all costs expenses and demands in respect thereof Provided that the foregoing shall not extend to payment of any tax imposed on the Landlord in respect of receipt of rents or any dealing by the Landlord with its reversionary interest in the Premises"'
Expert:  Ash replied 1 year ago.
How long have you had the lease doe please?
Expert:  Ash replied 1 year ago.
For
Customer: replied 1 year ago.
2 and a half years into a 5 year lease.
Expert:  Ash replied 1 year ago.
Ok. Does the lease say it can be assigned?
Customer: replied 1 year ago.
Sorry what does that mean?
Expert:  Ash replied 1 year ago.
The lease can be sold on.
Customer: replied 1 year ago.
yes it can.
Expert:  Ash replied 1 year ago.
Ok. If there is no specific provision then you have to pay then you do not. The Landlord is seeking to rely on this clause but the fact your understanding was it was included and you have not been asked for payment is evidence of this.You would have thought that over the two years you would have been asked for payment. You have not been and as such this indicates that it was included in the rents you are paying.Therefore on this basis and that the lease does not EXCLUDE this, means its all one rent.Can I clarify anything for you about this today please?
Expert:  Ash replied 1 year ago.
Alex
Customer: replied 1 year ago.
That great thank you. So something as major as utilities should have its own provision in the lease? Will the landord not argue that it does not have to be included in the lease?
Expert:  Ash replied 1 year ago.
Yes it should have been. Its not your fault sloppy drafting.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
yes. thank you.
Expert:  Ash replied 1 year ago.
Great. If I could ask you to rate my answer before you go today, otherwise the site does not credit me for the time spent with you.
Expert:  Ash replied 1 year ago.
Thanks and good luck. Alex
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