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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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Good morning. I run a small business and rent out a room in

Resolved Question:

Good morning. I run a small business and rent out a room in my premises. Recently after 6 months the tenant left owing substantial rent. As we only had a verbal contract at this point, am I able to persue recovery of this legally.
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Matt Jones replied 3 years ago.

Matt Jones :

Hi i will try and help

Matt Jones :

is it just the rent arrears you are wanting to recover?

Matt Jones :

and no future rent or breach of contract?

Matt Jones :

also what is the amount owing?

Customer: Hi Matt
Customer: all I ask is what she owes and agreed to pay. The amount is £1551.00
Matt Jones :

ok thanks

Matt Jones :

has she paid anything? i.e the first week / month rent?

Customer: She paid some weeks and not others. Sometimes only part of what was owed. She left giving 1 days notice
Matt Jones :

There is clearly evidence that a commercial tenancy agreement was in place. the fact that she made some payments shows this. You are entitled to recover those amounts that remain unpaid. You can bring a claim in the small claims court. You can start this on line using this link https://www.moneyclaim.gov.uk/web/mcol/welcome . It will be for you to prove that there was an agreed amount due to be paid weekly. The fact that there was no written agreement is not fatal, as a verbal agreement is just as binding.

Matt Jones :

In the first instance you may wish to write to here and say that if you don't pay within, say 7 days you are taking court action.

Matt Jones :

I hope this helps. Please ask any follow up questions you wish. If you are happy then please leave positive feedback, the question wont close and then if you think of something later you can always come back and ask any further follow up questions.

Customer: Thanks Matt
Customer: she traded, advertised, had stationary with our address and no. Etc. So there is proof of business. Just didn't want to threaten legal action without knowing I could follow up. Thanks again
Customer: Martin
Customer: Can I threaten costs of legal action and late payment as an incentive to early resolve?
Matt Jones :

yes. if you win you will recover the court costs as well as the debt.

Matt Jones :

in addition you can claim interest on the debt under the late payment of commercial interest regulations

Matt Jones :

which is basically compensation as follows

Matt Jones :


















Invoice Amount
Compensation
Up to £999.99£40 per invoice
£1000 - £9,999.99£70 per invoice
Over £10,000.00£100 per invoice
Matt Jones :

and then 8% p/a on the balance owed

Customer: Thanks Matt
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