Rich G wrote:
>
> "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
Does the office have carparking facilities or other facilities outside
your unit that may be communal
You really need this looking into by your solicitor , but if you do
want advice here it may help if you post the agreement so that we can
read it fully
As i posted earlier some contracts do have clauses so that additonal
service costs can be passed on but any charge for your services has to
be fair and reasonable , any clause that allowed for the landlord to
charge you disproprtionatly more than the addional services cost would
be likely struck out by a court as unreasonable , but you really should
seek proper legal advice
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