Can this act be used against impending bar on Agents fees?
I don't recall ever seeing the following act in a residential lease but reference to a mutual agreement between the landlord and tenant to exclude this Act is commonly found at the back of routine commercial leases and has been for decades. Any thoughts?
6 & 7 ELiz. 2 Costs of Leases Act, 1958 CH. 52
An Act to make provision for the incidence of the costs
of leases. [23rd July, 1958]
E it enacted by the Queen's most Excellent Majesty, by and E.F with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
- Notwithstanding any custom to the contrary, a party to a costs of
lease shall, unless the parties thereto agree otherwise in writing, leases.
be under no obligation to pay the whole or any part of any
other party's solicitor's costs of the lease.
- In this Act- Interpretation.
a " lease " includes an underlease and an agreement for a
lease or underlease or for a tenancy or sub-tenancy;
b " costs " includes fees, charges, disbursements (including
stamp duty), expenses and remuneration.
- This Act may be cited as the Costs of Leases Act, 1958.
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