RightSolicitor Legal Discussion & Legal Advice

[Nic014]

Hi. I am sorry if I have posted this in the incorrect place, but I was not sure whether it would come under Commercial Law or Commerical Litigation. Basically I am the Tenant of a shop. When I first took on the shop the Landlord told me that all electricity and gas was included in the amount that I would pay him for rent. However the Lease does not say this. It says that I have to pay the Landlord a sum for the rent and also any sums payable for electricity and gas. I have been the Tenant in the property for approximately 14 months and have never received a gas or electricity bill from the Landlord. I have recently given the Landlord my Notice to Terminate the Lease and he has now come to me to say he is going to give me a bill for gas and electricity used. Can he do this after such a long period of time? The other problem is that the gas and electricity is shared between the shop that I rent, and two other flats, one of which has been occupied for the full time that I have been a Tenant, and the other that has only been partially occupied. How is the Landlord going to be able to split the amount to be paid fairly?

I also have another problem regarding business rates. When I took on the shop the Landlord told me how much I had to pay for business rates as the shop that I Lease from him is not rated separately to his property. I have asked him for a breakdown of what I pay and he says he can't let me have it and that he charges me what he charged the previous Tenant. Surely this is not correct. I have checked with a friend who has a shop in a more expensive area of the Town that we live in, and I am paying nearly the same amount as her. I personally think he is overcharging me, but what can I do if he won't give me a breakdown of costs. Am I going to get in to trouble if I don't pay him anything for rates?

I am sorry for the waffle but I hope there is someone out there that can help me. Many thanks.

[alsop102]

Hi, I would certainly get a solicitor to have a look over your lease and see wheather or not you should be liable for the bills and business rates. You can usually contact the electric and gas board and inform them of the situation regarding both properties sharing the supply. They would be best to advise you in regards to how much you should have to pay for the gas and electric. If your landlord informed you that you won't have to pay any bills but your lease does, then the owness is usually on the person who has signed the lease and not the landlord. As for business rates this is usually set by the local council, if the lease states a fixed term for business rates and you have agreed to it then you may be required to pay that aswell. You can check with the local council how much the building should be paying, and maybe then you could go back to your landlord and ask him to reduce the amount as you feel he is overcharging you.

I hope this helps.