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Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1197
Experience:  All areas of commercial and contract Law - specialist in property advice.
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The lease is clear on paying the landlords charges refered

Resolved Question:

The lease is clear on paying the landlords charges refered to as operating costs.
I have a problem with the quantum being charged.
In my view they are excessive
Do I have the right to ask for the charges to be verified by the landlords auditors?
Does this also apply to the electricity bill?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Shaie Zindel replied 1 year ago.
Hi There - surely the lease sets out how the costs and charges are to be determined? Eg: per meter or taking the total and apportioning it to the relative square meterage of each tenant etc??? I would keep harassing them until you get an answer. If you really are suspicious that there is something untoward going on try get copies of the original bills from the local authority and do a comparison. You are definitely entitled to the information you requested. If they continue in their refusal you should become even more suspicious and maybe consider an application for access to information under the provisions of PAIA - The Promotion of Access to Information Act. Let me know if you need more info and please remember to rate my service so far. Regards
Customer: replied 1 year ago.

Thanks.


 


I have become involved with the renewal of this lease as an adviser.


I have many years experience as both landlord and consultant in shopping centre matters.


i have a very strong suspicion based on my experience that the charges are excessive.If I am correct I intend to demand a refund going back 2 renewals (6 years)


I suspect the landlord has enjoyed over recoveries for many years.


Your advice is good and if I have to I will try the access to information option.


FYI landlords exploit small tenants and have a take it or leave it view


in the knowledge that small independent mom and pops tenants never query charges or the terms of their leases


My client ,like hundreds of others don't want to rock the boat for fear of losing their premises and therefore their livelihoods.


I call it extortion!


 


Thanks again for your advice.


 


Mickey Radowsky


 

Expert:  Shaie Zindel replied 1 year ago.
You're 100% correct - I act for tenants and landlords all the time and it is very often an unfair negotiation - the tide however is turning - I have been getting a few clients that are tenants to start signing lease in their own names rather than entities - why you ask??? Because now they have the protection of the CPA and the ability to cancel early with relatively minor penalties - longer breach clauses automatically applying etc. Anyway let me know if I can assist further and please remember to rate my service. Regards
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1197
Experience: All areas of commercial and contract Law - specialist in property advice.
Shaie Zindel and 2 other South Africa Law Specialists are ready to help you

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