Q&As

Major works were carried out by the landlord to a commercial unit but not invoiced to the tenant and not recovered as service charge. The lease ended and a new lease was granted to the tenant. Can works that were carried out under the old lease be charged as service charge under the new lease when there are no clauses in the new lease allowing the landlord to claim for services provided during the old lease? Can the tenant be held liable for the works under the old lease once it has expired and no invoice was rendered during the term of the lease?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 06/04/2021

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Major works were carried out by the landlord to a commercial unit but not invoiced to the tenant and not recovered as service charge. The lease ended and a new lease was granted to the tenant. Can works that were carried out under the old lease be charged as service charge under the new lease when there are no clauses in the new lease allowing the landlord to claim for services provided during the old lease? Can the tenant be held liable for the works under the old lease once it has expired and no invoice was rendered during the term of the lease?

A commercial lease will often contain provision for the landlord to recover from the tenant the costs of maintaining the premises, for example in respect of gas and electricity, if the lease does not make provision for these to be paid directly by the tenant and most particularly in respect of works for the maintenance of the premises. This will be done through a requirement for the tenant to pay a service charge to the landlord, the terms of which will be governed by the terms of the tenancy agreement on a contractual basis. There is no specific statutory intervention with regard to commercial service charges.

It is necessary where a dispute arises over service charges in a

Related documents:

Popular documents