legal advice needed please .... re business premises

[littlemissbossy]

We (dh and I) run our own business. We have recently moved out of the office we rented because the landlord had changed our arrangement and we were unhappy with it ... plus TBH he was a pompus git and we couldn't stand him any longer!! The rent we paid to him, monthly, included amongst other things, business rates (we have this in writing). However, a couple of weeks ago, we received an invoice from the local council for back-dated business rates for £2,000. Apparently, the landlord had asked them the reassess the office and send us the bill. I wrote to the council to query this and have received a reply from them this morning. They agreed to amend the dates as per my letter (too long a story to go into) but say that as the occupier of the office we are still liable for £500 and need to pay it by return. They have suggested I take it up with the landlord.

So, any Legal Mumsnetters out there, I would be grateful to know if it is worth taking the matter up with him or should I just pay it? After all, would it just cost more in legal bills to try and claim back the £500? As I've said, the landlord is very difficult, so would it really be worth the hassle?

Thanks in advance

I'm not a lawyer but I have rented business premises and I was responsible for paying rates. However, I would have thought that, if you have a written contract that states your payments are inclusive of business rates, your ex-landlord is liable. I would ring the rates people anonymously and say that you are thinking of taking premises which are inclusive of business rates and does that then make the landlord liable? If the biz rates department is small and you are worried about speaking to somebody who will recognise your voice (?), ring another borough. Don't pay the £500 though. I see that you originally raised the question on 20 May, so maybe you already have.

My DH is a lawyer and he say's pay it and reclaim it from the landlord through the small claims court. HTH

I spoke to my husband about this who is v.experienced with English Law and he said depends what it says in the lease. If it says the business rates are inc then they are. I would send a photocopy to the Rates people so that they then persue him. How many pages is the lease?

Thanks chicpea and juniper, only caught up with my thread tonight. Have already sent the rates office a copy of the agreement plus copies of all rent invoices paid - but they've basically told me it's tough and I am now liable. Have decided to write to landlord and await a reply. If I get nowhere, I'll pay the bill and claim it back through the small claims. Thanks for your advice (and your dh's)