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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My husband and I are having to go to court. We gave a gentlemans

Customer Question

My husband and I are having to go to court. We gave a gentlemans agreement that the claimant could farm our land and pay in full an agreed amount on leaving the land. The said claimant provided agromolist work for us which we paid for prior to us informing him that his services were no longer required. He farmed the land terribly hence why we informed him it was no longer acceptable he stayed on our land. Subsequently he has made a ghost bill to ourselves and put an invoice of £4000.00. He owes us still rent
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : How much is owed in rent please?
JACUSTOMER-yktq7414- :

The rent was £5760 (includes vat) and dilapidation s £2072.20 (vat included).

Alex Watts : On what basis is the claim being made against you please?
JACUSTOMER-yktq7414- :

For spraying crops. I had paid him up to date and when I informed him I wanted him off theland due to his neglect and bad farming he said over the ttelephone hr could soon make up a bill for spray etc. There are no delivery notices and he refused to discuss instead getting a solicitor. My previous dealings with him were without trouble and I always paid invoices as I had signed delivery notes. He has fundamentally put a ghost bill in as I requested him to vscate my land and settle the rent which was done as a gentleman s agreement. I am counterclaiming.

Alex Watts : Yes I see, thank you for that. What is your question today about this and I will help you?
JACUSTOMER-yktq7414- :

How will a judge assess a case such as this? What will happen at mediation?

Alex Watts : Mediation is someone impartial that will try and get a resolution. Each party normally has to give something up and prepare to sacrifice something. You generally have one joint intiial session then private sessions with the mediator who will try and broker a deal.
Alex Watts : In court if you can show a tenancy even if it is oral that is fine. He would have to justify the £4000 invoice and prove he was either a tenant or supplying services, he would need to show a contract for services.
Alex Watts : On the other hand you can show be owed rent and the state he left the property in. You need evidence of this such as photos etc.
Alex Watts : But it will be a small claim so you do not need to worry about legal representation in court as this will be informal and in chambers.
Alex Watts : Given you have a historic tenancy and can show he worked the farm then I am of the view that your claim is likely to succeed.
Alex Watts : Can I clarify anything for you about your question today? If not, can I invite you to rate my service which I hope has been excellent. If you need more help then please click reply. Thanks - Alex
Expert:  Ash replied 4 years ago.
If I could invite you to rate my service before you leave today, hopefully it has been excellent. If you do need more help or information please click reply. Thanks – Alex.