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The Law & Verbal Agreements

By: Garry Crystal - Updated: 20 Jun 2017 | comments*Discuss
 
Verbal Agreements Legal Binding

Many people are not aware that verbal agreements are in many cases as legally binding as written contracts. Verbal contracts can be upheld by a court if someone decides to breach the agreement, although without written terms and conditions it may be difficult to prove.

Conditions of a Verbal Agreement

Under law there are two basic terms that constitute a binding agreement. The verbal agreement will be binding if there was an agreement on the services to be performed and an agreement was reached on remuneration for this service. This agreement can be reached by a verbal exchange in person, via telephone or via an email.

There are certain contracts and agreements that must be made in writing and these will include the sale of property, tenancy agreements, copyright transfer, and contracts for consumer credit. In some cases, verbal agreements will not be upheld in court, not because of the lack of a written agreement but because the terms of the verbal agreement were not clarified.

Written Agreements

For any agreement concerning an exchange of services it is a wise idea to have some form of contract or written statement. The contract or statement should include the terms and conditions of the agreement and is particularly helpful if a dispute between the parties occurs.

Complete Verbal Agreements

In order for a verbal agreement to be legally binding the agreement must have reached completeness. This means that all terms and conditions have been reached and agreed regarding services and terms of pay. Agreements will be incomplete when there are still further terms and conditions to be agreed. Agreements in principle will not usually be upheld in court and will not usually be considered complete verbal agreements.

Verbal Agreements and Disputes

If either party has decided to break a contract then the matter can be taken to the legal courts. In most cases the dispute may rest on the justification of the terms of the verbal agreement. There are a few ways that a judge will try and establish the terms of the agreement. These could include investigating what actually happened in practice. This can include the services that were actually undertaken and if any money whatsoever was paid for any services.

Enforcing a Verbal Agreement

Apart from taking the matter to court there are other ways to enforce a verbal agreement. If money is owed then the matter can be passed on to a collection agency to try to enforce the matter for you. The disgruntled party can also apply pressure themselves by sending letter, emails and making telephone calls to the person who is in breach of contract. Copies of all emails and letters should be kept in case the matter does reach the law courts.

Payment before Service

One way of avoiding this sort of dispute ever occurring may be to ask for some form of payment before supplying a service. Although the customer may not always agree to this it may be an option to consider. In some cases if a person is going to breach a contract and withhold payment then the odds are they may never have intended to pay for the service in the first place. In many cases though a customer may not like the idea of paying for a service until the job is completed for fear of non completion.

Threatening court action for breach of a verbal contract may not actually help the matter at all if one party intended not to carry through on the agreement. However the law does consider complete verbal agreements as Legally Binding and the matter can be brought to the law courts for a judge to make the final decision.

One interesting question is 'does a text message create a legally binding contract?'. Richard Brittle of Brittle Motors based in Stoke-on-Trent believes that it does. Over the coming weeks our leading in-house barrister will report on her findings which should make for interesting reading.

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My partner and me are moving to a different country in September. We are renting a 1 bedroom flat and furnished it. We either wanted to take all furniture with us or offered the landlord to purchase everything so that he can rent it furnished. After inspection of the furniture by the agent, they were happy and a verbal agreement was made of £600. I demanded something in writing but was told to deduct the money from our last rent. I also informed the agent that I will now proceed with the moving company for the remaining items we have and that this is safe and he agreed. This was in May. After a viewing yesterday (19th of June) the agent has decided to offer the place to the new tenant for September. The new tenant however does not need furniture and I was informed today that for this reason the furniture is not needed anymore. This obviously leaves us in a bad situation as I have already paid the moving company, which does not include the furniture. Selling everything separately will also be challenging due to a lack of time as we are both very busy. All those aspects are known to the agent. From my point of view, the agreement described the condition of the furniture and not a suitable tenant. His argument is that the tenant seems to be most suitable and that is why he is going to go ahead, even though there is enough time to find someone until September. I have also messages confirming the agreement made initially.
Tenant - 20-Jun-17 @ 10:36 PM
Please advise how much protection we have My company have advised a customer minimum levels of stock that we will need to stock to service one of our customers. Our products are manufactured in Asia and are subject to long lead times We have detailed how much stock that we need to hold to manage weekly deliveries to our customer, we sent a spread sheet showing min stock levels and we requested our customer reply and give us assurance that if they decided to move business away from us and go elsewhere that this stock would be taken We have recieved his reply by Email "we agree to honour stocks as per attached" Is this a contract ? and if they dropped us for another supplier what is our position in terms of asking them to take the stock we purchased and warehoused and were hoping to supply
NS - 15-Jun-17 @ 2:51 PM
An artist was given the incorrect time to show up for a show, and demanded that they were paid (because it is the fault of those that put together the event) and instead of giving the artist the full compensation, the organizers agreed to pay him half. Are the organizers allowed to sue and demand for the money back? Is the agreement and payment of the half considered a verbal agreement? The contract does state that he would be compensated upon performance, however the organizers gave him the wrong performance time so that is not possible.
MSB - 12-Jun-17 @ 7:56 PM
My business partner bought me out about 4 months ago he has now asked me for half of accountants fee for doing the books for last year he said it is because I was still a partner then. Dee
Dee - 5-Jun-17 @ 1:53 PM
Hi - I'd like to ask a question. If I pay £1000 deposit for a weekend rental of a house to be rented in 21-25 September and then for some reason I cannot go through with the rental and ask for my deposit back, and they refer me to their terms and conditions o their website - which I didn't receive when putting down my deposit, am I able to challenge that? Especially since she has 3 months to find new renters for that weekend? It seems very unfair to keep someones £1000 when you have received nothing in return. Interested in the legally binded nature of terms not clearly stated at time of purchase. Thanks
Kate - 4-Jun-17 @ 2:05 PM
i started a ltd cleaning company with my mum and sister,they are both the directors and told me i didnt need to be a director too. after 6 years theyve never paid me my profits just my wage i was verbally promised all profits for my side of the business jetwashing and windows is there anything i can do about this we roughly made 700k to 1 million each yr my side of the business was making roughly 100k to 150k a yr we have professional accountants and book keeper all accounts still in boxes company still going now there refusing to pay me my profits, i feel betrayed by my own mother and sister ??
Letdown - 27-May-17 @ 6:22 PM
I sold my business to my sons fiancé for £65000 she gave me £35000 and although her father gave her the extra £30000 to pay me we came to a aggreement for her to pay me monthly as I had a personal loan for this amount she agree to pay the loan for 7 years so she could have back up money in the bank.this was discussed in front of a accountant and solicitor at the time.After 2years 9months because of a badly marital split with my son she has stopped paying me the monthly payment leaving a15000 outstanding Blanche.This leaves me in a real financial crisis what can I do
Wally - 20-May-17 @ 6:54 AM
When we moved into our new house we allowed an old housemate to make use of our spare room from the beginning of April for a couple of months until he got himself sorted. Our agreement was verbal & he is not listed on any contracts or bills, however contributes £255pcm. This has now changed to him wanting to be here until at least September. The arrangement now does not suit us as a family member is relocating to the city & I would like them to live with us instead. As this set up was only meant to be temporary I verbally gave him 6 weeks notice to move out. He was not happy but I feel this is plenty enough time, given it was only meant to be a short term favour. I was wondering if there was a written declaration anyone advises me to give him as back up to our conversation in case he becomes difficult. Thanks
Kate - 9-May-17 @ 2:59 AM
For almost 20 years our charity has always used the same building on a very regular basis. Throughout that time we always had a verbal agreement with the building manager that as a charity and 'main' user of the building our regular dates were 'taken as read' that we took priority over ad hoc bookings. I recently tried to confirm our usual summer holiday booking only to find that he has given our usual dates to someone else. I believed I had a verbal agreement, which up until now the building manager had honoured for the last 20 years. We are a charity, people rely on our services and he knows this. I am confused by his actions, especially as the group he has booked into the building already have their own purpose built building, they just wanted a bit of extra space over the summer holidays (they are a business, not a charity). Do his actions over the last 20 years demonstrate that he acted on a verbal contract? As a regular user, booking the same dates for the last 20years, did he have any duty of care to our vulnerable children and their families? Please could you advise, in general terms, if there is any action we can take for our verbal agreement to be honoured? Thank you.
Confused charity - 8-May-17 @ 1:49 AM
For almost 20 years our charity has always used the same building on a very regular basis. Throughout that time we always had a verbal agreement with the building manager that as a charity and 'main' user of the building our regular dates were 'taken as read' that we took priority over ad hoc bookings. I recently tried to confirm our usual summer holiday booking only to find that he has given our usual dates to someone else. I believed I had a verbal agreement, which up until now the building manager had honoured for the last 20 years. We are a charity, people rely on our services and he knows this. I am confused by his actions, especially as the group he has booked into the building already have their own purpose built building, they just wanted a bit of extra space over the summer holidays (they are a business, not a charity). Do his actions over the last 20 years demonstrate that he acted on a verbal contract? As a regular user, booking the same dates for the last 20years, did he have any duty of care to our vulnerable children and their families? Please could you advise, in general terms, if there is any action we can take for our verbal agreement to be honoured? Thank you.
Confused charity - 7-May-17 @ 6:52 PM
I would just like to ask if a company lists its T@C on its website are they always lawful.? It seems as if a company can steal your money just by stating in its T@Cs no refunds. The problem I have with this is they are a third party taking money for a cab company.We had to cancel the cab but the third party (who won't be paying the cab company) will keep all of the money. I feel this is robbery.
Annie - 3-May-17 @ 5:14 PM
Shezza - Your Question:
Medical negligence.After four years my case is nearing the end. I am still having treatment for my injury and have insisted all the way through that I would not consider a settlement until my treatment was complete and I had a final answer whether it was caused by negligence or not. All evidence is looking as though it was. I have had treatment recently which has been successful and I'm due a follow-up appointment follow up appointment to discuss this in four weeks time. The defendant has admitted breach of duty of care but not negligence. The defendant made an offer to settle in December which was £34,000 compensation to be paid to the DWP for benefits I have received since losing my job.? They would also pay my costs of £100,000. I said that £5000 was not much after all I've been through and my solicitor said that she would phone the very next day and asked for another £5000 and as he was a reasonable chap and he would probably oblige.The money would be in my account the following week.My solicitor was trying to persuade me to accept this offer. She said that I have reached the limit that would be paid by my insurers of £100,000 and if I wasn't successful I would lose my compensation, psybthe defendants costs and anymore that are incurred to them. I was worried and seriously considered settling. explained all the way through that I will not accept any offer until my treatment is finished. I got home from the meeting I went through all the documents and there were questions that were answered from the defendant. The questions were asking whether or not the claimant was still having treatment and if so what kind of treatment? How does the claimant know that the pain is not caused by another ailment etc. Also, after checking recently my Legal cover is £200,000 with £50,000 Legal expenses. When I requested a meeting to discuss this with the solicitor, she refused. Eventually the solicitor agreed to a meeting which has never taken place. When I explained my reasons for wanting a meeting, the solicitor said that she did not want to blind me with science. I then contacted the Legal Ombudsman for advice although at that time I did not follow it through. The solicitor has changed my barrister without informing me or telling me why. I first met the new solicitor two weeks ago. He was veru charming. He had been to court that morning to meet the defendant and the judge. He said the defendant was a reasonable chap and was eager to settle the case. I again explained why I would not consider a settlement at that moment. The barrister advised that we should make an offer to The defendant of £20,000 compensation to me, share half of the costs which were at £120,000 and not inform the DWP as it was government money and has just moved from pot to pot anyway. After bartering I would probably receive £17,000 and he would show me how to hide my money. This offer is not as good as the defendant made. I again repeated why I would not settle. There was

Our Response:
This is beyond our remit to advise. You would have to seek professional legal advice.
ContractsAndAgreements - 2-May-17 @ 11:14 AM
Medical negligence. After four years my case is nearing the end. I am stillhaving treatment for my injury andhave insisted all the way through that I would not consider a settlement until my treatment was complete and I had a final answer whether it was caused by negligence or not. All evidence is looking as though it was. I have had treatment recently which has been successful and I'm due a follow-upappointment follow up appointment to discuss this in four weeks time. The defendant hasadmitted breach of duty of care but not negligence. The defendant made an offer to settle in December which was £34,000 compensation to be paid to the DWP for benefits I have received since losing my job.? They would also pay my costs of £100,000. I said that £5000 was not muchafter all I've been through and my solicitor said that she would phone the very next day and asked for another £5000 and as he was a reasonable chap and he would probably oblige.The money would be in my account the following week.My solicitor was trying to persuade me to accept this offer. She said that I have reached the limit that would be paid by my insurers of £100,000 and if I wasn't successful I would lose my compensation, psybthe defendants costs and anymore that are incurred to them. i was worried and seriously considered settling. explained all the way through that I will not accept any offer until my treatment is finished.I got home from the meeting I went through all the documents and there were questions that were answered from the defendant. The questions were asking whether or not the claimant was still having treatment and if so what kind of treatment?How does the claimant know that the pain is not caused by anotherailment etc. Also, after checking recently my Legal cover is £200,000 with £50,000 Legal expenses. When Irequested a meeting to discuss this with the solicitor, she refused. Eventually the solicitor agreed to a meeting which has never taken place. When I explained my reasons for wanting a meeting, the solicitor said that she did not want to blind me with science. I then contacted the Legal Ombudsman for advice although at that time I did not follow it through. The solicitor has changed my barrister without informing me or telling me why. I first met the new solicitor two weeks ago. He was veru charming. He had been to court that morning to meet the defendant and the judge.He said the defendant was a reasonable chap and was eager to settle the case. I again explained why I would not consider a settlement at that moment. The barrister advised that we should make an offer to The defendant of £20,000 compensation to me, share half of the costs which were at £120,000 and not inform the DWP as it was government money and has just moved from pot to pot anyway. After bartering I would probably receive £17,000 and he would show me how to hide my money. This offer is not as good as the defendant made. I again repeated why I would not settle. There was
Shezza - 1-May-17 @ 3:40 PM
Confused - Your Question:
We paid a £25000 deposit to an estate agent who subsequently went into liquidation. It transpired that our money had been removed from the client account prior to this.The outgoing MD and his PA both told me that the responsibility for our deposit had been agreed to be taken on by the new owners of the company. One of the new MDs confirmed this over the phone, stating that they had our money and would pay it back by the end of that week. On the Friday the other new MD phoned my husband to say that the other MD made a mistake and they would not give us the money.I know that they have paid back other people in our position, 3 out of the 4 people stated that an agreement had been made during the prepack negotiations, although this does not appear to be documented, I have an email from the previous PA stating that the new company had our money. The new company are not responding to my communications, the police have dropped the prosecution and we need our money back. Do I have a case of a verbal agreement from the first director when she told me they had the money and would definitely pay us back?Many thanks.

Our Response:
Why would you pay the deposit directly to the estate agent? Any deposit for a house should have been paid to your solicitor who would have transferred the money into a holding account.
ContractsAndAgreements - 28-Apr-17 @ 10:26 AM
We paid a £25000 deposit to an estate agent who subsequently went into liquidation. It transpired that our money had been removed from the client account prior to this. The outgoing MD and his PA both told me that the responsibility for our deposit had been agreed to be taken on by the new owners of the company. One of the new MDs confirmed this over the phone, stating that they had our money and would pay it back by the end of that week. On the Friday the other new MD phoned my husband to say that the other MD made a mistake and they would not give us the money. I know that they have paid back other people in our position, 3 out of the 4 people stated that an agreement had been made during the prepack negotiations, although this does not appear to be documented, I have an email from the previous PA stating that the new company had our money. The new company are not responding to my communications, the police have dropped the prosecution and we need our money back. Do I have a case of a verbal agreement from the first director when she told me they had the money and would definitely pay us back? Many thanks.
Confused - 27-Apr-17 @ 2:07 PM
My sister made a verbal commitment to me and the Funeral Director that she, my sister, had contacted her husband to make sure my mother's checking account would cover the cost of our mother's funeral (my bother in law is on my mothers' checking account) and that she or her husband will be droping the check off the next day. When the funeral home sent me the bill I instructed them to forward that to my sister; I get a phone message from my sister saying she never made such a commitment.I contacted the Funeral Director and she told me she has it in her notes that my sister commented on paying for the bill.I am the Executor on my mother's estate.....Do I have recourse in this matter?And is it worth the $14,575.Thank you
Disgusted - 14-Apr-17 @ 9:10 PM
Hi, a builder provided me a free quote for laying a new patio. On the day of quote he said he will install a new patio for £3000 that is £100 per sqm. He didn't even measure the size and said he can calculate the size in mind. The actual size is only 25sqm. He asked when do I need this done, I said April. He said he can do in April . But I never agreed with him or gave him the go ahead. He sent an email with free quote £3000 without any details of the job, what that £3000 covers. He said as agreed we can commence the work in April. I replied I had to postpone my plans and that I will get back. Now he is telling he has ordered the materials and that if I cancel I had to pay £500 cancellation fee. Is he trying to manipulate?
Sri - 11-Apr-17 @ 10:01 PM
Hi, I made a verbal agreement with my landlord for a 3 month period of time, March 11th through June 11th. I was not present when the lease was signed on March 12th by my boyfriend, but told him to make sure the lease said the 11th. The lease says it begins on March 1st, and on a month-to-month basis. My boyfriend (who has now learned a lesson), said that he verbally clarified with the landlord about the dates being the 11th and that the landlord said "yes, we already worked that out, but just for leasing purposes I had to put the 1st of the month." So he signed the lease, thinking we were all on the same page. Backstory for understanding: There is a 6 week program for students to complete in the area. My boyfriend is ahead of me and was doing his 6 weeks before me. Therefore we needed a place for two 6 week periods, so I was looking for a 3 month rental. I explained this to the landlord and that is how we came to make this deal. Well, now the landlord is saying he would have never made a deal like that because everyone else pays from the 1st of the month and all other students pay for 2 full months, regardless of the fact that the program is 6 weeks. So he wanted me to pay a full additional month, for the month of June, despite our verbal agreement. As it turns out, I will not be doing my 6 week program. I had a friend who wanted to take over my lease and pay the remaining month (May 11th to June 11th). When I brought this up to the landlord is when he started to deny any agreement was made between us. The landlord already has a student who will be doing the program and who is interested in the place and paying the full 2 months coming up (May & June). So we will get our security deposit "if we are out by the 26th," because the lease requires a 30 day notice, so he would not return our deposit if we did not work with him and left at the end of the month instead. None of this is an issue for us personally. We were planning to leave before then anyway. But what I am wondering is, is there a way for me to report that this guy made a crooked deal with me? It's not right and he shouldn't be allowed to treat people that way and try to screw people like that. I would like to report it, not to get anything out of it, but in case he tries to do this to someone else in the future, then they will have this story to back them up as well.
Rental Agreements - 11-Apr-17 @ 4:58 PM
Hi, I made a verbal agreement with my landlord for a 3 month period of time, March 11th through June 11th. I was not present when the lease was signed on March 12th by my boyfriend, but told him to make sure the lease said the 11th. The lease says it begins on March 1st, and on a month-to-month basis. My boyfriend (who has now learned a lesson), said that he verbally clarified with the landlord about the dates being the 11th and that the landlord said "yes, we already worked that out, but just for leasing purposes I had to put the 1st of the month." So he signed the lease, thinking we were all on the same page. Backstory for understanding: There is a 6 week program for students to complete in the area. My boyfriend is ahead of me and was doing his 6 weeks before me. Therefore we needed a place for two 6 week periods, so I was looking for a 3 month rental. I explained this to the landlord and that is how we came to make this deal. Well, now the landlord is saying he would have never made a deal like that because everyone else pays from the 1st of the month and all other students pay for 2 full months, regardless of the fact that the program is 6 weeks. So he wanted me to pay a full additional month, for the month of June, despite our verbal agreement. As it turns out, I will not be doing my 6 week program. I had a friend who wanted to take over my lease and pay the remaining month (May 11th to June 11th). When I brought this up to the landlord is when he started to deny any agreement was made between us. The landlord already has a student who will be doing the program and who is interested in the place and paying the full 2 months coming up (May & June). So we will get our security deposit "if we are out by the 26th," because the lease requires a 30 day notice, so he would not return our deposit if we did not work with him and left at the end of the month instead. None of this is an issue for us personally. We were planning to leave before then anyway. But what I am wondering is, is there a way for me to report that this guy made a crooked deal with me? It's not right and he shouldn't be allowed to treat people that way and try to screw people like that. I would like to report it, not to get anything out of it, but in case he tries to do this to someone else in the future, then they will have this story to back them up as well.
Rental Agreements - 11-Apr-17 @ 4:50 PM
@Tools - there's nothing you can do about this. It's just a case of learning by your mistakes.
Nat - 10-Apr-17 @ 1:48 PM
This is the story. I saw a Ad on Facebook. I post and say 1500 and she reply back and say 1800 and on the ad it was 2500. She say okay they Ar mine. I phone my cousin and ask him to fetch them for and tell her and she say I must give him her number and I do so and they both get back to with a time of 8am he must fetch the tools. Next I take a bus to jhb to met my cousin with the tools. From port shepstone 800km to jhb. At 4am she phone me and out of the blues she say the tools Ar sold for a better price. All that way without sleeping. What will I tell my girlfriend when I get home? Still in a taxi back home to port shepstone. She didn't ever ask if I have more money. Then she block me after but after I posted she under block me. Who is right or wrong, me or her?
Tools - 9-Apr-17 @ 8:36 PM
Our company agreed to utilities being supplied by a particular commercial supplier.The 'contract' was done over the phone and now there are issues that we don't believe were covered in the contract.How binding is a contract made over the phone?We have a recording of the agreement where we don't feel these issues were covered.They simply blind us with science when we point this out, How should we handle this?
mary - 6-Apr-17 @ 9:49 PM
Scott89 - Your Question:
I recently purchased a new car in February 2017 and during discussions with the dealership salesman was verbally informed that if I purchased the car that day it would be delivered from the factory before the 1st April and I would therefore avoid the UK car tax rises. Since then I've now been informed that the car will not be delivered until mid April and will therefore have to pay significantly more tax per year on the vehicle. Does this fact I was giving misleading information by the salesman constitute a verbally binding agreement and therefore rights to cancel the contract or seek any kind of compensation relating to the increase in tax I will now have to pay?

Our Response:
Much depends upon your contract agreement and whether it specifies that as a new car delivery dates can change. However, with regards to the car tax hikes if you can prove what your loses will amount to and prove that you were sold the car on the reasoning of tax rises, then you may be able to request the motor dealership takes the first year hit into consideration. However, this wouldn't justify cancelling the contract or would it justify any long term compensation, just the losses relating to the difference lost over the specific dates in question. Presumably, you are aware of the amount of car tax you would be paying in subsequent years.
ContractsAndAgreements - 6-Apr-17 @ 10:47 AM
I recently purchased a new car in February 2017 and during discussions with the dealership salesman was verbally informed that if I purchased the car that day it would be delivered from the factory before the 1st April and I would therefore avoid the UK car tax rises. Since then I've now been informed that the car will not be delivered until mid April and will therefore have to pay significantly more tax per year on the vehicle. Does this fact I was giving misleading information by the salesman constitute a verbally binding agreement and therefore rights to cancel the contract or seek any kind of compensation relating to the increase in tax I will now have to pay?
Scott89 - 5-Apr-17 @ 4:43 PM
We own a small electrical company and took on 200 flats to rewire from a larger company X for a given price per flat. The site was very badly managed by the main contractor with lots of time wasted visits. After a year I informed company X that we were not going to work on any more flats. They owe us money around £10,000,we have decided to take them to court, they have now counterclaimed for £40,000 because they had to complete the works themselves. Are they bluffing ?? Would this stand-up in court ??
Mark - 31-Mar-17 @ 8:56 PM
Rob H - Your Question:
I own a small farm/smallholding and rent out a few of our farm buildings as workshops/storage, most paying by cash, with nothing officially documented, just each individuals' payments logged in a book on whichever date. One of the "tenants" who has been here for about three years and is supposed to pay monthly, is extremely behind with their rent, currently by about £2000. As well as this, there is a lot of tension going on as he has told a lie about my daughter, which she has confronted him about. This is after a recent previous occasion when my son asked him to move some of his vehicles to which he angrily retaliated. I have decided that I do not want him as a tenant anymore, but am hesitant to ask him to leave because he owes so much back rent and I can't see us being paid. Could you tell me where I stand on this situation please? Thank you.

Our Response:
Regardless of whether there is a written tenancy agreement you can still use the section 21 procedure to attempt to evict your tenant if they haven't paid rent. By the nauture of the agreement i.e money changing hands and the fact your tenant is using the space, there is an 'agreement' in place. However, in a case where there is no specific written agreement in place, you will have to attend a hearing and explain to the judge why. If you need to claim the rent which is outstanding, the small claims court is an option if the amount is under £10,000.
ContractsAndAgreements - 29-Mar-17 @ 2:13 PM
I own a small farm/smallholding and rent out a few of our farm buildings as workshops/storage, most paying by cash, with nothing officially documented, just each individuals' payments logged in a book on whichever date. One of the "tenants" who has been here for about three years and is supposed to pay monthly, is extremely behind with their rent, currently by about £2000. As well as this, there is a lot of tension going on as he has told a lie about my daughter, which she has confronted him about. This is after a recent previous occasion when my son asked him to move some of his vehicles to which he angrily retaliated.I have decided that I do not want him as a tenant anymore, but am hesitant to ask him to leave because he owes so much back rent and I can't see us being paid . Could you tell me where I stand on this situation please? Thank you.
Rob H - 28-Mar-17 @ 8:37 PM
When I was youner my father promised me after he died all of his things that he considered his toys would belong to me. My mother and sister are tryung to take thins that are rightfully mine by this agreement. He passed away. Does that break out agreement?
Michael - 28-Mar-17 @ 2:13 AM
Jewels - Your Question:
My uncle passed away last year he had a 4 yr agreement for someone to sharefarm he's property. The tenant had my uncle leave he's longterm solicitorand use the tenant's solicitor to draw up the agreement. The agreement ended in Feb. My brother sent the tenant a letter mid way through last year stating that the tenant had until the end of October to renew the agreement. The tenant did not reply within the set time frame, The tenant went ahead and sprayed the land ready to plant. he was told he should not have done so as he had let the option lapse and my brother would not be renewing the offer afterall. Now the tenant is saying he has a right for compensation for spraying and also for loss of income from potential harvests.Does he have a right to compensation? Or can my brother now do what he wishes with the land

Our Response:
In this case, your brother would need to seek legal advice.
ContractsAndAgreements - 27-Mar-17 @ 10:49 AM
my uncle passed away last yearhe had a 4 yr agreement for someone to sharefarm he's property. The tenant had my uncle leave he's longterm solicitorand use the tenant's solicitor to draw up the agreement.The agreement ended in Feb. My brother sent the tenant a letter mid way through last year stating that the tenant had until the end of October to renew the agreement. The tenant did not reply within the set time frame, The tenant went ahead and sprayed the land ready to plant. he was told he should not have done so as he had let the option lapse and my brother would not be renewing the offer afterall. Now the tenant is saying he has a right for compensation for spraying and also for loss of income from potential harvests.Does he have a right to compensation? Or can my brother now do what he wishes with the land
Jewels - 26-Mar-17 @ 10:48 AM
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