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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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We have a good office tenant. The lease which we have used

Customer Question

We have a good office tenant. The lease which we have used is the Standard Law Society Lease. The tenant recently reported that one of their off-peak electrical heaters was not working. We arrange for a service engineer to attend. He stated the fire needed to be replaced. Later it was found that the fuse and box supplying services needed attention.
When we had the costs we charged the amount to maintenance. The tenant considers that the cost is a capital item and is not chargeable to maintenance.
Your guidance will be appreciated. Thank you
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

What is the approximate cost of these items that need fixing?
Customer: replied 3 years ago.

The cost for the items...replacement fire, work involved with fuse and correcting wiring problem £750 which we have incurred to be charged out to tenant if it is considered to be a maintenance charge. We consider we are maintaining the office heating system which as Landlords is our responsibility to do so

Expert:  UKSolicitorJA replied 3 years ago.
I would argue that these are capital expenses and not maintenance expenses e.g. Replacement fire, and the fuse and wiring issues.

It would be advisable for you to incur these costs yourself rather then pass them on to the tenant as the value is too low to go to court over, especially as legal costs can easily exceed the £750 amount at stake.

May I help further?