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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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Hi in Nov. 2013 we paid a years ground rent for our caravan

Resolved Question:

Hi in Nov. 2013 we paid a years ground rent for our caravan on the east coast in the December storms that year our van and the base /cliff it stood on was destroyed. The owners of the site said they would give the rent from that date back to us, but despite numerous letters/emails we haven't recieved anything. Would you advise making a claim in the small claim court regards ***** *****
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Just let me clarify. Not only was the caravan destroyed but the grounds that it stood on has been destroyed also? Is that the situation?

How much is the ground rent that you have paid, in respect of the period from when the damage took place until now?
Customer: replied 3 years ago.

Yes the ground and base it stood on was completely destroyed and the caravan was written off. £1,700 paid on the 1/11/2013 and the storm when it was destroyed was 9/12/2013 I hope this helps

Expert:  Jo C. replied 3 years ago.
Thank you. How unfortunate.

In situations like this when the subject matter has been destroyed and the contract is no longer performablel the contract is said to be "frustrated".

It is not common situation but this is certainly frustration of contract.

If the ground rent was £1700 per annum, that equates to £4.66 per day (rounded up to the nearest penny)

You had the use of the base from 1 November 2013 until 9 December, 39 days.

On my calculation therefore they are entitled to payment of £181.74p meaning that they owe you £1518. 26p.

My suggestion is write to the caravan site owner giving the above calculations and asking for a cheque for £1518.26 by Friday, 27 June failing which you will issue small claims court proceedings without further notice.

Over the weekend of 28 June you can issue small claims court proceedings quite simply and easily here www.moneyclaim.gov.uk if you have not been paid and the court will then decide the issue.

Can I clarify anything for you?


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