ABSTRACT
The tenant should not, in the absence of an agreement to pay, be made to pay the landlord’s costs incurred in connection with the new lease (Cairnplace Ltd v CBL (Property Investment) Co Ltd). This reflects the position under s 1 of the Costs of Leases Act 1958 which provides that:
1 – Notwithstanding any custom to the contrary, a party to a lease shall, unless the parties thereto agree otherwise in writing, be under no obligation to pay the whole or any part of any other party’s solicitor’s costs of the lease.
