This is a long one, but thought I would copy everyone in on the letter I drafted for Jenny- fingers crossed guys.
Dear ..
I am writing with regards to our ongoing dispute concerning my lease of your business premises.
Firstly, I would like to bring to your attention to The Code for Leasing Business Premises in England and Wales 2007. I am sure you are familiar with this legislation, but I would like to draw your attention in the first instance to S.1 of the code, which states:
Landlords must make offers in writing, which clearly state: the rent;
the length of the term and any break rights; whether or not tenants
will have security of tenure; the rent review arrangements; rights to
assign, sublet and share the premises; repairing obligations; and the
VAT status of the premises.
As you may recall, your offer was not made in writing, and you may therefore find yourself in breech of this code.
In the second instance, I would like to bring to your attention S.6 of The Code for Leasing Business Premises in England and Wales 2007. Section 6 states:
Landlords must, during negotiations, provide best estimates of service
charges, insurance payments and any other outgoings that tenants
will incur under their leases.
Landlords must disclose known irregular events that would have
a significant impact on the amount of future service charges.
Landlords should be aware of the RICS 2006 Code of Practice on
Service Charges in Commercial Property and seek to observe its
guidance in drafting new leases and on renewals (even if granted
before that Code is effective).
I would like to bring to your attention at this point to the particularly high tariff you was (were) charging me for the use of electricity. I do not feel that this amount was 'fair' or 'reasonable', and as you are now requesting another payment for electricity, I am afraid I will have to insist upon a full breakdown of the amount of electricity used in my premises over the time I was in occupancy. I have been asked to gather this information in writing by my accountant. Please provide me with the relevant receipts within 14 days.
With regards to the deposit I paid (of £200)
You may (or may not) be aware that a land lord is only entitled to keep a deposit if they can show that they have lost out financially because of the tenants actions- either because of damaged property, or unpaid rent.
As I am up to date with rental payments, and have not damaged the property, you have not incurred any loss of earnings by my actions, and are therefore not entitled to keep the deposit.
I am also concerned that I should have been notified -within 14 days of paying my deposit- of which Deposit Protection Scheme you are using. This information would have outlined what to do if there is a dispute about the deposit.
Now that the 14 days have passed, I am eligible to apply to the county court for an order that you should pay the deposit back. I am also entitled to claim compensation equivalent to three times the value of the deposit paid. This payment must be made within 14 days of the court order (plus interest at a fair rate)
I therefore request you forward a cheque made payable to myself for £200 to the above address along with a breakdown of the costs incurred for the use of electricity. Once I have received this information, and I have had it checked, I will forward any payment I may owe for the electricity.
I respectfully request that any further correspondence should be made formally, in writing.
Regards
.name
..signiture(signature) .
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