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ARTICLE · 27 MARCH 2019

Service Charges: Can I Recover More Than 100%?

I am the managing agent of an office building with retail premises on the ground floor and offices on the first, second and third floors

BahrainReal Estate and Construction

Question

I am the managing agent of an office building with retail premises on the ground floor and offices on the first, second and third floors. I have just issued the service charge budgets for the year ended 31 December 2019. The shop tenant has queried its contribution to the service charge, which the lease states is a "fair and reasonable proportion" as determined by the landlord's surveyor. This has been determined at 33% of the total service charge expenditure. The tenant also says that it will not contribute to the costs of newly installed CCTV because such costs are not covered in its lease. I have checked the tenant's lease and it does not appear to contain a right to recover the CCTV costs. I have also reviewed the service charge apportionments for the building, which are based on square footage, and the office tenant contributes 75%. What steps are required of me as a RICS member to address these queries?

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