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For Jomo1972 No. These words appear in a legal lease document..
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These words appear in aLease agreement for Office space.
If this lease is forfieted or the liability of the Tenant under this lease is disclaimed then as compensation for the Expences, the Landlord will be entitled to take from the Deposit the amount equal to the Expenses,and shall refund any balance of the Deposit to the Tenant.
I had a Tenant, a major Company within the U.K. who signed up to take 2 units on an "easy-in easy-out" agreement. Prior to signing they caused me to incur Solicitors charges of £850.00 plus VAT. They never moved in and invoked the Break Clause. Please see below clause 3.3. within 5 weeks of signing.
3.3 The landlord will be entitled to withdraw from the deposit at the exouryof the term (howsoever that may occur) an amount reasonable to any reasonable costs, outgoings, losses, damages and expenses (and any VAT on them) incurred bny the Landlord and arising from any Default or the lawful exercise of the Landlord of its rights and obligations contained or referred to in this lease.
Do you feel that the Solicitors fees are recoverable under this clause?
I had hoped they couldbe reclaimed under 3.4 previously mentioned . In the light of your reply this is obviously not possible.
The agreement had been drafted by solicitors ( at my cost and has been used with very little difficulty with other existing Tenants) but the Tenants required a number of clauses to be removed on wich I asked for the drafting solicitors opinion.Most of the items were wihtdrawn and in others some wording was slightly modified .I would normally have accepted the costs envolvedso as long as the Tenancy had continued.
The tenants are in default They have not paid the July rent, the invoice for this was sent by email on the 20thJune monies should have been in the business account as cleared funds by the !st July this payment still hasn't been made. a letter was received dated 2nd July in which the tenants solicitor stated her clients wished to terminate the term of the lease on the 7th August, The wording of the Break Clause is shown below.
20. Break Clause.
20.1 Either the Landlord or the Tenant may terminate this lease by serving a Break Notice on the other party.
20.2 A Break Notice served by the Tenant shall be of no effect if, at the Break Date
(a) The Tenant has not paid any part of the Annual Rent, or any VAT in respect of it, which was due to have been paid;
(b) Vacant possession of the whole of the property is not givern; or
Subject to Clause20.2, following service of BreakNotice this lease shall terminate on the Break Date.
20.3 Termination of this lease on the Break Date shall not affect any other right or remedy that either Party may have in relation to any earlier breach of this lease.
20.4 The Landlord shall within 14 days refund to the Tenant the proportion of the Annual rent and any nthat paid in respect of it for the period from and nexcluding the Break Date calculated on a daily basis.
There are insufficient Deposit funds to cover Interest due on Late Payment £250.00 Admin Fees and the Solicitors Fees.
My Thanks for Your Help !!
I am in fact the Landlord , does this affect any of your previous answers??
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