THE SERVICE CHARGE Clause Samples
The Service Charge clause defines the fees that a tenant must pay to the landlord for shared services and maintenance of common areas in a property. Typically, this clause outlines what expenses are included in the service charge, such as cleaning, repairs, security, and utilities for communal spaces, and explains how these costs are calculated and apportioned among tenants. Its core practical function is to ensure that the costs of maintaining shared facilities are fairly distributed, providing transparency and predictability for both landlords and tenants.
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THE SERVICE CHARGE a fair proportion (decided by a surveyor nominated by the Landlord) of the cost of repairing maintaining and cleaning party walls, party structures, yards, gardens, ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ;
THE SERVICE CHARGE. Where in this clause the following underlined words commence with capital letters they have the following meanings unless the context otherwise requires: 31 December in each year or such other date in each year as the Landlord may reasonably stipulate.
THE SERVICE CHARGE. 2.1 The Tenant covenants to pay to the Landlord by way of equal installments in advance on each quarter day during the Term (the first payment or proportionate payment to be made on the first day of the Term) an Estimated Service Charge of such sum as the Landlord may reasonably demand, having regard to actual and anticipated Service Costs.
2.2 As soon as practicable after an Account Date, the Landlord shall submit to the Tenant an Account Statement for the Account Period ending on that Account Date and:
(a) if the Account Statement shows that a balance of Service Charge is due from the Tenant, the Tenant shall pay such balance to the Landlord within fourteen days of receipt of the Account Statement;
(b) if the Account Statement shows that a refund is due to the Tenant, such refund shall during the Term be set off against future Service Charge Payments and following the determination of the Term be set off against any other moneys due from the Tenant to the Landlord and the balance (if any) paid to the Tenant.
2.3 Where the date of this Lease and/or the End of the Term do not coincide with the beginning or end respectively of an Account Period, the Service Charge for the initial and/or final partial Account Periods shall be that proportion of the Service Charge which relates to the period from and including the first day of the Term or ending on the End of the Term as the case may be, apportioned on a daily basis according to the number of days in the whole of the relevant Account Period.
2.4 The provisions of this paragraph 2 will survive the End of the Term (but only in respect of the period up to the End of the Term). SCHEDULE 7 - COVENANTS BY THE SURETY 1 INDEMNITY BY SURETY The Tenant or the Surety shall while the Tenant remains bound by the Tenant's Covenants comply with the Tenant's Covenants and the Surety shall indemnify the Landlord against all claims, demands, losses, damages, liabilities, costs, fees and expenses sustained by the Landlord by reason of or arising out of any default by the Tenant in complying with the Tenant's Covenants.
THE SERVICE CHARGE. 3.3.1 The charge for the Service is stated on the Website from time to time and as confirmed to You during the Order process, except in the case of obvious error (“Charge”). We will give You at least 30 days’ notice of any increase in the Charge. If You wish to cancel Your subscription to the Service You may do so by giving Us 30 days’ notice in writing to ▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇ unless otherwise set out in this Agreement.
3.3.2 Payment will be debited from Your account on a recurring basis as may be applicable until You terminate this Agreement pursuant to clause 3.4.2.
3.3.3 You confirm that the credit/debit card that is being used is Yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your card refuses to authorise payment We will not accept Your Order and We will not be responsible for any delay or non-delivery and We are not obliged to inform You of the reason for the refusal. We are not responsible for Your card issuer or bank charging You as a result of Our processing of Your credit/debit card payment in accordance with Your Order.
THE SERVICE CHARGE. 5.4.1 Where in this clause the following words in bold type commence with capital letters they have the following meanings unless the context otherwise requires:
THE SERVICE CHARGE. 7.1 the Tenant shall pay the Service Charge to the Landlord in the manner and at the times set out in this clause
7.2 the Tenant shall pay the Tenant’s Percentage of the Service Cost
7.3 the Service Cost and the Tenant’s Percentage shall be assessed and paid as follows :
7.3.1 on or about the Service Charge Commencement Date and subsequently on or about the Computing Date in each year of the Term the Landlord will send the Tenant an itemised written estimate of :
7.3.1.1 the amount the Landlord reasonably expects to incur in the relevant Service Charge Period in respect of the Service Cost (“the Estimated Service Charge”)
7.3.1.2 the Tenant’s Percentage of the Estimated Service Charge for the Services
7.3.2 the Tenant shall pay the Tenant’s Percentage of the Estimated Service Charge in equal instalments in advance on each of the usual Quarter Days the first payment of which shall be a proportionate payment in respect of the period from the Service Charge Commencement Date to the following Quarter Day and shall be payable on the date hereof Provided That for the period from and including 10th May 2006 to and including 9 May 2007 the Tenant’s liability shall not exceed £68,049
7.3.3 unless prevented by causes beyond its control, as soon as reasonably possible following the Computing Date the Landlord will deliver to the Tenant a statement giving full details of :
7.3.3.1 the actual Service Charge for the Service Charge Period,
7.3.3.2 the Tenant’s Percentage for such year
7.3.3.3 the amount received from the Tenant under clause 7.3.2 and
7.3.3.4 the amount of any shortfall due to the Landlord (“the Shortfall”) or any excess overpaid by the Tenant (“The Excess”)
7.3.4 within 28 days of delivery of the statement referred to in clause 7.3.3 the Tenant will either:
7.3.4.1 pay to the Landlord any Shortfall, or
7.3.4.2 the Landlord shall credit the amount of the Excess against the next payment of Service Charge due from the Tenant or at the end of the Term refund the same
7.3.5 the Tenant’s obligations in this clause 7 shall continue to apply notwithstanding the expiration or sooner determination of the Term but only in respect of the period down to such expiration or sooner determination of the Term
7.4.1 in the event of the Building being altered, added to, extended or redeveloped the Service Charge and the Tenant’s Percentage shall be adjusted in such manner as shall be just and equitable and in default of agreement as to what is just and equitable the matter ...
THE SERVICE CHARGE. All costs and payments (including any VAT not recoverable by the Landlords) made expended or incurred by or on behalf of the Landlords in discharging the Landlords’ obligations under the Fifth and Sixth Schedules of the Transfer and the Deed of Covenant.