Commercial service charges—what is the landlord's liability to provide the service?
Commercial service charges—what is the landlord's liability to provide the service?

The following Property practice note provides comprehensive and up to date legal information covering:

  • Commercial service charges—what is the landlord's liability to provide the service?

The court may imply an obligation on the landlord to provide certain services in the absence of an express covenant to do so. Where a landlord takes the benefit of a specified sum for a service he is obliged to accept the corresponding burden. This is in cases where there is an unqualified obligation to pay a definite periodic amount in respect of a service as opposed to an obligation to pay which is conditional on the provision of the service. In any event, the lack of such a covenant may have a depressive effect on the rent at any review.

However, the court will not imply an obligation for a landlord to carry out a particular operation (eg removal of rubble on its retained land) if this is not specifically provided for in the wording of the lease.

If it is intended that payment of the service charge is a pre-condition to the landlord's obligation to provide the services then this should be made clea

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