SA Commercial Law - Can I Obtain Copies of Invoices from Commercial Lease?

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7 December 2015

I currently have a commercial lease that have a few outgoings included in my reconciliation this year that I believe are incorrect and that I have been incorrectly charged for. These outgoings are audited by an external firm annually.

I have requested copies of a couple of the invoices, one being for some repairs, one being for an insurance policy (to check that my own business insurance doesn't overlap). The real estate agent has said they will not provide any copies.

Do I have a right to obtain copies of these invoices under Commercial Law? I figured that as I am paying quite a bit for these items each year that I should be able to at least see the invoices for what I am paying for, but seem to be hitting dead ends when trying to get anywhere with the agent.

Thanks in advance


LawTap Verified
27 May 2014
Depending on how unpopular I wanted to be, I'd be writing to the real estate agent saying something along the lines of "unless corroborating information (ie supplier invoices) of the amount being charged for outgoings is provided to me with each and every invoice containing outgoings then I will not be paying any amounts for outgoings on your invoices.

I will continue to pay my rent as required under the lease agreement but until the outgoings are properly accounted for in information sent to me I will not be paying outgoings.". Mention that this email will be produced in court as evidence if they take action against you because you are refusing to pay unsubstantiated amounts and that they and the landlord will be asked to pay for all loses and damages you incur as a result of their unreasonable behaviour.

Of course, you can not the rock the boat and just pay the outgoings because business is going well and you want the lease renewed next time around. Some landlords/agents have long memories. Your choice.