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Solictors fee's. Contract, Commercial Law.

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Solictors fee's. Contract, Commercial Law.

Postby deca321 » Thu Feb 23, 2017 12:19 am

Hi everybody. New law student here.
Within a contract for commercial property, a certain section/clause clearly states that the tenant is liable for the landlord's legal fee's in any event of any breaches etc etc.
Would the solicitor pursue these legal fee's from the tenant? or would you, the landlord, have to do a separate claim for the legal fee's after paying the solicitor his legal fee's?
Any link to legislation regarding this?

Many thanks. :D
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Re: Solictors fee's. Contract, Commemrcial Law.

Postby atticus » Thu Feb 23, 2017 6:51 am

The claim is by the landlord who has incurred the cost, for reimbursement. Consider the wording of the clause in question.

Consider also the rules relating to privity of contract. Is the solicitor a party to the contract? What if the landlord changes solicitor?
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Re: Solictors fee's. Contract, Commemrcial Law.

Postby dls » Thu Feb 23, 2017 9:13 am

liable for the landlord's legal fee's in any event of any breaches etc etc.


Law students need to learn to slow down a little.

liable in any event - usually whether or not the lease is granted (but what is this doing in the lease after it is complete)
liable in the event of breaches- a different thing
etc etc - these clauses are never etc etc - they differ according to precise words used - they can look the same on an etc etc basis, but fiffer subsanially according to the actual words used.

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Re: Solictors fee's. Contract, Commercial Law.

Postby atticus » Thu Feb 23, 2017 12:55 pm

Law students should also understand the rules of grammar, not least concerning when to use apostrophes and when not to use them. They are not studying to be greengrocers.
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Re: Solictors fee's. Contract, Commercial Law.

Postby deca321 » Thu Feb 23, 2017 1:52 pm

Thanks for your replies.

Attorney fee's.
33. All costs, expenses, and expenditures including and without limitation, complete legal costs incurred by the landlord on a solicitor/client basis as a result of unlawful detainer of the premises, the recovery of any rent due under the lease, or any breach by the tenant of any condition contained in the lease, will be forthwith upon demand be paid by the tenant as additional rent. All rents including base rent and additional rent will bear the interest rate of 12% per cent per annum from the due date until paid.

So judging from the above. The claim would be by the landlord? rather than the solicitor pursuing their fee's from the tenant as nothing is mentioned as such.

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Re: Solictors fee's. Contract, Commercial Law.

Postby atticus » Thu Feb 23, 2017 2:01 pm

Apostrophe in "fees"?

See my first post above. Note that the clause refers to costs incurred by the landlord. Note also that these sums are to be paid as additional rent: ask yourself to whom rent is to be paid.
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Re: Solictors fee's. Contract, Commercial Law.

Postby deca321 » Thu Feb 23, 2017 2:17 pm

Sometimes my brain thinks way ahead of the speed that l can type.
Yes l see and l understand now. The landlord must do a separate claim for such costs as it's deemed as additional rent.
Rent is paid to the landlord and not to the solicitor as the lease doesn't mention rent being paid to the solicitor.

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Re: Solictors fee's. Contract, Commercial Law.

Postby dls » Fri Feb 24, 2017 2:51 pm

The clause is onerous and shoud be accepted only if the client properly understands it.
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