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propertylawyer, Solicitor
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Experience:  Property solicitor with expertise in commercial and residential property transactions.
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My landlords say that the following clause makes me liable

Resolved Question:

My landlords say that the following clause makes me liable for any "cleaning repairing renewing decorating and maintaining the building" irrespective of whether it serves my demised premises or not. And that parts a,b & c are items I am liable for in addition to "cleaning repairing renewing decorating and maintaining the building". How does this make sense since a,b & c would be by definition included in "cleaning repairing renewing decorating and maintaining the building"?
THE LEASE CLAUSE:
3.3 PARTY EXPENSES AND SERVICE CHARGE
3.3.1 To pay to the landlord within 7 days of demand and on proof of expenditure
3.3.1.1 25% of either estimated or amount expended by the landlord in respect of cleaning repairing renewing decorating and maintaining the building.
a) any party walls fences gutters and drains which are or may be used or enjoyed by the occupier of the demised premises in common with any other person or persons:
b) the structural parts load bearing framework roof foundations joists and external walls of the building and conducting media in the building serving but not exclusively the demised premises
c) and communal access ways
If a b & c are not a clarification of "cleaning repairing renewing decorating and maintaining the building" what is there purpose?
Thank you
Submitted: 11 months ago.
Category: Property Law
Expert:  propertylawyer replied 11 months ago.

Hi Robert

It does not read that well but I understand the intention.

On lettings of part all tenants are to contribute to the upkeep of the exterior, structure, common parts.

Are you able to copy/photo that page from the lease and attach it to an email please (via paperclip icon). Thanks. I would like to see it in context.

Customer: replied 11 months ago.
This is all I have I'm afraid. The exact same phrases a,b & c are used in the part of the lease that describes the landlords responsibilities of repair etc.
Also in the lease my demised premises are clearly described (the basement of a 5 level build) and it clearly states that I'm responsible for decorating exterior doors and windows and conducting media etc within the demised premises. The landlord has carried out extensive work on the top 4 floors of the building and expects me to contribute although I do not benefit from them. I understand that I'm liable for painting the walls but for the windows and internal light fittings on the 4th floor for example? does seem unreasonable that I'm 100% responsible for the basement but that i should also be responsible for 25% for the rest of the building. I believe that when the lease was issued it was read that a, b & c were an integral part of the service charge clause.
Expert:  propertylawyer replied 11 months ago.

It is not well drafted. There are no words to link a,b and c to 3.3.1.1. However, 3.3.1.1 is drafted wide enough to catch any repair, maintenance, decorating works to the building.

There is guidance on service charges, Google rics service charges in commercial property 3Rd edition. The code is for guidance and best oractice, it will not override the service charge clause.

It is generally the case that tenants in multi let buildings do contribute to repairs/maintenance of the remainder of the building. Your lease should not make you responsible for any structural repairs to the basement.

Expert:  propertylawyer replied 11 months ago.

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Expert:  propertylawyer replied 11 months ago.

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