Hi Alex, We have a 2 year aqgreement started last September with a break clause after 1 year. The cost of making the the field usuable i'm not sure about. The problem is this guy tries doing things himself and on the cheap with no idea what is required in terms of keeping horses on land.
I dont unfortunately y have paperwork with me, what is that?
I have checked and it is a short hold tenancy
Ok - let me give this some thought.
What is it you want to be able to achieve?
That is the last thing I need to know.
l either want to get the reduced rate agreed or be able to give 2 months notice and leave
Ok. You need to do 2 things:
1) You need to write to the Landlord and ask for a reduction or say you will go to Court.
You must NOT reduce the rent yourself/
You need to write and set out your losses and request a reduction within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not reduce then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
You can sue for both historical and future loss.
As to give notice you need to write to the Landlord, point out all the faults and say he is in breach of contract.
You then need to say you are leaving and consider him to be in fundamental breach of contract and that you rescind the contract
But you need to be very careful, if there have been breaches and you stay it may be considered you have allowed and agree to the breaches.
Therefore the longer you leave it the harder it is to claim a fundamental breach of contract
Can I clarify anything for you about this today please?