Share of costs for a commercial lease query

7chb

Hi

I know the exact answer may not be possible without seeing the lease, however we have a commercial property, ultimately being one building which has since been split into 3 individual units. One of the units has had an issue with a roof area which covers their part of the property and so the property agents organised the repairs on this.  However the repairs have now been re-invoiced to the 3 residents based on floor space, with myself incurring the bulk of the cost as I have the larger area.

Our lease does state that we are responsible for external repairs, including the roof, however it states that these costs will be recharged using ‘fair proportion’. I have therefore queried why I have been charged the most when this roof area has no connection to my part of the property, it is outside of the floor plan which was attached to the lease and this roof area only covers one part of the property housing one of the tenants (also note that this roof area contains extractor fans etc for the fish and chip shop whom operate under the roof area, and thus their equipment may have caused the damage).

The letting agent/landlord have so far agreed to reduce the costs I was invoiced to 50%, however can I argue that ‘fair proportion’ would leave the blame with the tenant who is connected to this roof area rather than me footing the bill just because they’ve split the cost by floor space?

daveyjp

Your first line sums it up.  The definition and plan of 'The Property' will be key.

bris

It's one building so it's normal to share the costs of this building. Like a block of flats, the upstairs flat doesn't pay for the roof repairs alone, it's shared and common practice.

The lease is binding so you really have no argument anyway, the time to argue about the repairs is before signing not after.

daveyjp

This is a terraced commercial property, not a block of flats.  

The lease is only binding if it there is specific reference to roof repairs being a shared cost.

7chb

Thank you for your feedback. I understand the point regarding the block of flats but the layout of our properties is completely different, whereas flats would all be covered under the same roof this roof area is in theory ‘next door’ based on the layout of our property and therefore does not directly or indirectly cover any part of my property.

My concern is more to do with the definition of ‘fair proportion’ and as per the property agent that the norm is for this to be split based on floor space or whether it could be argued more specifically on the actual area as to where the work has been undertaken and the other factors I’ve included within the original post. 

I would have thought if floor space was to be used this would be the definition in the lease, not fair proportion, and I therefore have the right to query the fact I’ve been charged when costs do not appear to have been allocated on a ‘fair’ basis.

Savvy_Sue

7chb said:

Thank you for your feedback. I understand the point regarding the block of flats but the layout of our properties is completely different, whereas flats would all be covered under the same roof this roof area is in theory ‘next door’ based on the layout of our property and therefore does not directly or indirectly cover any part of my property.

My concern is more to do with the definition of ‘fair proportion’ and as per the property agent that the norm is for this to be split based on floor space or whether it could be argued more specifically on the actual area as to where the work has been undertaken and the other factors I’ve included within the original post. 

I would have thought if floor space was to be used this would be the definition in the lease, not fair proportion, and I therefore have the right to query the fact I’ve been charged when costs do not appear to have been allocated on a ‘fair’ basis.

I think you're going to need some 'proper' legal advice if you want to argue that 'fair proportion' doesn't mean what the agent is saying it means. Did you get the lease looked at by your own solicitor before signing it? Because if 'fair proportion' had a meaning open to interpretation, I'd expect a solicitor to point that out to me before I signed anything. 

hunnie

Hello, we , along with 4 other units, pay annual contributions to the landlord towards insurance for such as roof repairs etc.
The contributions are divided in proportions relating  to the size of each unit, which has always seemed fair to us.