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What should you know about service charge clauses in commercial leases?

By: Maksiv Konta

The service charge levied by your landlord usually covers the general maintenance of the premises you are leasing. The details of what can and cannot be charged as part of the service charge itself should be included in your lease agreement. A commercial property solicitor can help you ensure this element of your lease is not to your business’s disadvantage.

When your service charge should be paid will also be included in your lease. This is usually in advance on a quarterly or annual basis. This element of your commercial lease can usually be negotiated to ensure the service charge payment does not adversely affect the cash flow of your business. If you think the service charge your landlord is levying is too high, or the terms too restrictive, your business has the right to go to a Leasehold Valuation Tribunal for a ruling on the level of service charge you should be paying.

It is important to understand that any service charge must be outlined in detail within your commercial lease agreement. If your landlord were to try and claim a service charge from your business that was not included in the lease agreement, your business would not normally be liable for this charge. Landlords can of course challenge this via the Tribunal or even through the courts. If your business does find itself in dispute over the service charge, the support and representation of a commercial property solicitor will be crucial.

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