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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2581
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I signed a 3 year commercial office space contact; new start

Customer Question

I signed a 3 year commercial office space contact; new start up company. The original Schedule I signed in May had no % stipulation the GPS and TPS Share with a "NA" next most Items. I budgeted for R15000 and now my bill with all the extra's is running up to R20000 some months.
I cannot afford this, had a meeting with the Ops manager; Do I have the right to refer back to the Schedule signed and agreed amounts 7 months ago?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

If the clauses were marked as n/a then the landlord cannot take part of your profit share so the answer is yes, you can refer back to the signed agreement. The landlord cannot charge you for something that you did not agree to.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Customer: replied 1 year ago.
The ANNEXURE 'G' has a section which brakes down the time line to Frequency- under which is monthly/when occurs/period specified in Schedule/subject to agreement. BUT STILL NO % and only reads Fluctuating under each item No. Not the Schedule nor the Annexure has any % for TPS/GPS. I one section in the contract reads' all schedules and Annexures to this Agreement shall be deemed to be incorporated in and form part of this Agreement. When we met 2 weeks ago, they were very convincing that this is how commercial rent works and they are also just running a business. I asked for %, still not received. I only paid R8000 the 2nd December as I was waiting for their feedback, still no feedback. I called the day when I paid and send a mail to inform them that I will pay more in a weeks time as soon as a new client pays me.
I am not sure what is my next step to take with them.
Expert:  Freddie Lombard replied 1 year ago.

I cannot really answer that question as I will have to read the entire agreement to understand what your rights are and what the landlord's rights are.

However, as I mentioned, if your agreement does not contain any right for them to collect a percentage over and above the rent, then you will be fully within your rights to claim back any money you have paid more than the agreed R 15 000,00 and to refuse to pay anything more than that.

Please remember to rate the service positively.

Regards

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