Solicitor needed to review Commercial Lease/Letting Memorandum

mangoprint

Free Member
Dec 17, 2008
439
49
London
Hey all, currently at the solicitor stage. Has anyone ever managed to have this clause removed in an FRI lease?

My solicitor says that it is pretty standard but has added the words "and reasonable" in for a bit more protection.

"
1.1 The Tenant shall pay the Landlord within 14 days of demand a fair and reasonable proportion of all costs payable by the Landlord for the maintaining, repairing, rebuilding, lighting, cleaning and renewing all mutual or party walls roofs foundations fences roads and footpaths (if any) common areas Service Media landscaping structures and any additional items that the Landlord may deem necessary from time to time (acting reasonably and in the interests of good estate management) serving and benefiting the Property and/or the Centre and which are capable of being used in common with the owners or occupiers thereof as well as any adjoining or neighbouring premises and the provision of such other services as the Landlord shall from time to time reasonably consider desirable for the more efficient operation and management of the Centre or for the comfort and convenience of the majority of the occupiers of the Centre TOGETHER WITH the reasonable provision for anticipated expenses and the reasonable and proper fees of the Landlord's managing agents for supervision and management of the Property, the Centre and any adjoining or neighbouring premises and to keep the Landlord indemnified against such proportion of such reasonable costs and expenses and if any dispute shall arise between the Tenant and the owner and occupiers of any neighbouring premises the Landlord's surveyor may (acting reasonably and in accordance with the principles of good estate management) determine in writing such dispute on the part of the Tenant in such fair and proper manner as he or they shall think fit and the Tenant shall abide by such determination."

I have spoken with the shop next door of this property who says the area is ok, however they did have some external works done recently where they tried passing on the bill of 10k although I believe they didn't have to pay it in the end.

I'm having a schedule of condition done internally so my main concern is that any external liability is minimised.

Thanks for advice in advance!
 
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