"Rich G" wrote in message
news:2aGdnThbcoyRk7bVnZ2dnUVZ8uednZ2d@eclipse.net.uk...
> Can anyone advise us ?
>
> Six months ago we signed a business tenancy agreeement to rent an office
> for a year. This agreement included all utility costs (gas, electricity
> and water) but had a clause stating that they could, if they wanted to,
> make a charge for this in the future. We queried this but were told that
> it has never happened in the past and was only there 'just in case'.
> Shortly after moving in we, and all other tenants, were charged utility
> bills costing nearly as much as the rent (they are unrealistic amounts
> also). Most of the other tenants have moved out or are in the process of
> doing so. They are able to do this because their tenancy agreements have
> lapsed. We are desperate to get out of these offices (there are other
> issues too).
>
> So my question is, can we legally get out of this tenancy agreement or do
> we have to stick it out for another 6 months and hope we don't go bust in
> the meantime.
I would have thought that if the agreement didn't state the basis on which
the charges could be made i.e. at cost or cost plus X% etc, then it would be
void for uncertainty. In fact it seems so anyway given the two conflicting
possibilities of inclusive of utilities or exclusive of them with no way of
determining which. I suggest you have to keep paying the basic rent but
withhold the charges until you reach agreement or go to court.
--
Dave Baker
Puma Race Engines
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