Q&As

A commercial lease ends before its contractual expiry date and the lease provisions are unclear as to how the service charge should be apportioned. Does the RICS Professional Statement on Service Charges in Commercial Property (1st edition) assist in those circumstances and is there any obligation on the parties to follow its provisions?

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Produced in partnership with Paul Cole of Clyde & Co
Published on LexisPSL on 28/08/2020

The following Property Q&A Produced in partnership with Paul Cole of Clyde & Co provides comprehensive and up to date legal information covering:

  • A commercial lease ends before its contractual expiry date and the lease provisions are unclear as to how the service charge should be apportioned. Does the RICS Professional Statement on Service Charges in Commercial Property (1st edition) assist in those circumstances and is there any obligation on the parties to follow its provisions?

As a general statement, it is only RICS members and RICS regulated firms that must comply with or have proper regard to the Service Charge Statement (see below). If the client and/or its surveyors are not RICS regulated, then they are not required to follow its provisions.

As a general practice point, it is worth noting that non-RICS lawyers are not required to comply with the Service Charge Statement, but they should have regard to the fact that their RICS-registered clients, and/or their RICS-registered members, may have to comply with the Service Charge Statement.

As to compliance by RICS-regulated clients and their surveyors, the Service Charge Statement contains:

  1. nine mandatory requirements-RICS members must comply w

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