关于英国物业收费的讨论外文翻译

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1、中文 2000 字 本科毕业设计（论文） 外 文 翻 译 原文 ： A discussion of UK commercial property service charges Received (in revised form): 8 th February 2009 ABSTRACT ： As certain types of property have become more complex and customers or occupiers perceptions and expectations have evolved, the services provided by the

2、owners have had to be improved correspondingly. A modern service charge may include provision for the recovery of many different properties or facilities management-related services. The existing practice of service charges recovery for commercial properties is not transparent enough to enable the t

3、enants to understand exactly what they are paying for. The service charge costs may include enhancement of the building, where it can be justied following the analysis of reasonable options and alternatives. The practice of service charge should rest on achieving equitable benets for both parties: t

4、he owner and the tenant. Keywords: service charges； commercial lease ； landlord and tenants； property management ； sinking funds ；reserve funds。 COMMERCIAL SERVICE CHARGES DEFINED All businesses have to pay for property-related overheads, or running costs ( RICS, 2008 ). The objective of a service c

5、harge is to enable the landlord to recover all likely anticipated expenditure not only for the property in its present form, but also envisaging any reasonable extension or alteration in the future ( Philpott and Hicks, 1994 ). The basic principle of service charges lies in taking the perspective of

6、 both the landlord and the tenant. In most circumstances, both parties view the importance of service charges differently, which is definitely to their own benet. Edward and Krendel (2007) show that the landlord will want to recover all expenditure from the tenant. The tenant on the other hand will

7、try to limit the recoverable items to the necessary services for the property. Martin (1981) dened service charges as the cost to a tenant in indemnifying landlords against actual and anticipated expenditure on the protection, maintenance and replacement of those parts and structure, finishes and eq

8、uipment of the property for which no tenant is directly responsible. Generally, the service charge apportionment between the landlord and tenant are specied in the lease. The inappropriateness of this definition was pointed out by McGee (1984), when he stated that it only focused on the expenditures

9、 on physical aspects of the property while neglecting the other important elements that made up the service charge costs, such as housekeeping, services for cleaning and security services. The centre for advanced land use studies (CALUS) report broadened the definition of service charges to: An annu

10、al cost to the tenant of the landlord providing services to the building in compliance with his obligations under the terms of the lease. The fundamental of service charges rests on two main items which are works and services . Works refers to repair, renewal, replacement, maintenance and improvemen

11、t whilst services on the other hand focus to the housekeeping elements which include but not limited to the cost of cleaning, security, fuel and other related activities. Service charges also consist of other costs that are known as sinking, replacement and reserve funds. RICS (2006) defined briefly

12、 the meaning of the abovementioned funds as follows: On top of routine expenses on services, owners and occupiers may need to make provision for occasional one-off outlay on replacing major items of equipment (e.g. a heating system). Major expenditure of a regularly recurring nature (i.e. external r

13、edecorations) can also cause significant fluctuations in the amount of service charge payable each year. The contribution towards the fund is made through the service charges year by year, and when the need arises for such repairs, payment is made from the fund ( Morley, 2008 ). The establishment of

14、 such funds are seen to benet both the landlord and the tenant. As mentioned by Morley (2008), the advantage of imposition of such funds to the tenant is an assurance of cost certainty, thus dismissing the shocking peak charges at a go, as the contribution is made over the lease period. In addition,

15、 in the case of short-term tenancy, the new tenant is only required to continue the contribution that was made by the previous tenant and not to be totally burdened with the overall cost of repair and replacement of equipment should the need arise. The landlord on the other hand enjoys the benet of

16、funding certainty, thus eliminating tenant disputes over one-off high service charge in a year shall the cost is claimed as and when repairs are needed. Moran (2007) provided a specific service charges definition for commercial properties. He pointed out that service charges in commercial buildings

17、arise when there is multiple occupation of the landlord s premise. Shopping centres, ofce blocks, some industrial business parks and mixed-use buildings are the types of premises designed for multiple occupation. The charges are meant to recover the cost of maintaining unlet structures, common parts

18、 and the provision of other related services. The landlord is responsible for repair and maintenance of the property, but will require the costs he incurs on these matters to be reimbursed by the tenant ( Butt, 2007 ). In essence, the service charge composition in commercial properties usually consi

19、sts of the direct cost of the services to the business, and often this includes a management fee payable to the person or company who administer the service ( RICS, 2008 ). The lease and the service charge The basic element of any service charge provision in a lease is to ensure that someone is liab

20、le for the repair and maintenance of all elements of the building or the development. All landlords are in favour of a clear lease that allows them to relinquish their obligation in funding the cost of providing necessary property-related services to the tenants ( Edward and Krendel, 2007 ). Crosby

21、and Murdoch (1998) emphasised that a clear lease should also be a full repairing and insuring , or FRI lease. In these circumstances, the tenants will assume all responsibilities (in payment terms) for the repair and insurance of the leased property to allow the landlord to keep the premises, and will reimburse the landlord for the cost of