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Subject: Re: Getting out of business tenancy agreement Posted on: Wed, 14 May 2008 17:42:33 +0100


"Mike_B" wrote in message
news:OCwHBh5gQxKIFwar@localhosts.net...
> In message <2aGdnThbcoyRk7bVnZ2dnUVZ8uednZ2d@eclipse.net.uk>, Rich G
> writes
>>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.
>>
>>Any advice or comments are greatly appreciated.
>>
>>Rich G
>>
>>
>
> Well the first lesson learned is that if you don't want to be held to a
> clause in a contract, don't sign the contract. No clause sits in a
> contract "just in case". If there is no possibility of the clause ever
> being used, it has no place being in the contract and when a party tells
> you they have no intention of using a contractual clause your immediate
> answer should be "Then remove it from the contract".
>
> With the huge increase in utility costs recently, it might be quite
> understandable that the landlord cannot continue to pay them all from his
> standard rental income if he himself is to remain in business.
>
> Yes, you likely have to stick it out as you will be responsible for paying
> your lease until the end of it anyway.
>

Thanks for the replies.

I'd just like to clarify that the utility bills do not reflect the actual
costs of the electricity/gas. We are expected to pay several hundred pounds
extra (that is > 500) and we are only rent a small office.

Thanks again,

Richard