VIC Commercial Lease - Am I Responsible for all These Costs?

[Tari]

I'm finishing up a commercial lease in January and am unsure whether the landlord is charging outgoings incorrectly (I have been dealing directly with the landlord, not an agent).

I have not ever received any statements or estimates for my outgoings and have been reimbursing the landlord. I have been asking for invoices to pay directly but has never provided them. I know this is allowed but he has been neglecting to invoice me for them and has just hit me with 18 months worth of outgoings when I gave notice to vacate.

I insisted on getting copies on all the invoices before paying any outgoings and have discovered that he has been paying by credit card and is passing on the associated fees. Is he able to pass on these fees?

They amount to quite a bit across all the outgoings. He is also trying to charge me for the full year of insurance (25/6/16 - 25/6/17 and I'm vacating 13/1/17) but I think I should only be paying for 7 months - am I responsible for this full cost?

Thanks

 

[Rod]

There are at least two issues here.

If it was me, I would not pay a single cent of any outgoings until I'd read the lease contract very carefully and checked the charges against the lease contract.

I'd then only pay what is stated in the lease and not anything more. It is unlikely you need to pay credit card charges, and insurance past the tenancy.

Pay what you feel you should, then let him chase chase you for any extra charges. You should remind him that if you incur costs defending yourself against unwarranted fees and charges then you'll be seeking recovery of those costs from him.