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Lease costs upfront

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Lease costs upfront

Postby theycantdothat » Mon Mar 14, 2016 10:20 pm

On another site someone hoping to grant a commercial lease has mentioned in passing that the prospective tenant has already paid his (the landlord's) solicitor his costs. Is that allowed?
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Re: Lease costs upfront

Postby diy » Tue Mar 15, 2016 1:06 pm

I believe you can reimburse costs, but it would be hard for a solicitor to act against pay master.
My suggestions are not legal advice
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Re: Lease costs upfront

Postby atticus » Tue Mar 15, 2016 1:17 pm

I am not aware that this is unlawful: what makes someone somewhere else think it might be?

We regularly see instances where we are asked to give undertakings to pay a landlord's costs whether the matter is completed or not. In such circumstances, we require our client (intending tenant) to deposit money with us to enable us to meet that undertaking.
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Re: Lease costs upfront

Postby theycantdothat » Wed Mar 16, 2016 10:29 am

I was not suggesting it was unlawful, just wondering if it was contrary to recommended practice. If it is not, what control does the non-client have if, for example, the solicitor does not get on with the job?
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Re: Lease costs upfront

Postby atticus » Wed Mar 16, 2016 10:49 am

The non-client has no direct recourse. If you are thinking of the landlord, he may pull out of the deal, change the terms etc if it is not moving quickly enough.
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