Dave Baker wrote:
>
> "Rich G" wrote in message
> news:SZSdnb1qWMhsv7bVnZ2dnUVZ8vydnZ2d@eclipse.net.uk...
>
> > I suspect we will have to see a solicitor
>
> and I suspect if you do you'll only end up paying a lot of money for
> a very vague opinion about the possibilities of winning or losing any
> potential court case which will leave you financially worse off but
> little the wiser.
>
>
> but we just wanted to see if we
> > had any possible chance of getting out before doing so. The utility
> > charges are definitely unreasonable because the landlord is willing
> > to compromise on some of them (which begs the question why would
> > they do this if they are actual costs associated with price rises).
> >
> > Another potential issue is that because these extra 'utility'
> > charges are shared amongst all the businesses in the building and
> > as these other tenants leave (and they are because of the extra
> > costs) our bills will increase dramatically. We could potentially
> > end up with costs 3 times our original rental price.
>
> If these amounts are going to end up less than the small claims limit
> of �5000 you would be as well to let it end up in court and see
> what the judge decides. The costs associated with that are minimal,
> certainly compared to getting a solicitor's advice and whether or not
> you get such advice it'll still probably end up in the court. What
> you're clearly hoping for is some sort of getout but it's unlikely
> one will materialise.
>
> A better approach might be to determine the best way of getting it
> into court asap before the amounts outstanding build up. Whether you
> let the landlord sue you for unpaid utilities or you sue him first to
> have the court resolve the legality and/or quantum of the lease
> agreement. Maybe someone can advise on how you'd go about the latter
> option. I'm more familiar with suing for liquidated sums.
If it costs him £500.00 just to have the documentation reviewed and an
opinion obtained then its money well spent , he will then know which
way to jump.
Spending months dealing with an irate landlord responding to his/her
letters when he could be running his business is pointless and likely
to cost far more
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