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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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Hoping you could help..until last year a friend of mine was

Resolved Question:

Hoping you could help..until last year a friend of mine was living with her boyfriend, paying 1200 per month rent. The contract with the landlord was for payment only, but did not specify a breakdown of who was paying how much. My friend paid for the rent for 2 years =24000 and her ex-bf did not pay anything, as he was a student studying for his PHD. The relationship broke down due to physical abuse and my friend would like to know whether she has a legal case to recover half the rent over the 2 years, even though there is no agreement, but she has bank statements showing and the original contracts, which shows that she paid and how much.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did they have any verbal agreement about how he would pay?
Customer: replied 2 years ago.
Hello Jo, I will call her now and ask. I think they did. I do recall her telling me he did not have a job, but was looking for a PT job, so he could contribute, and that she agreed to support him through his PhD. I have messaged her, so will respond asap. Does that help?
Expert:  Jo C. replied 2 years ago.
Yes, I will need to know what the specific terms of their agreement were?
Customer: replied 2 years ago.
Hi Jo
I have got a response from my friend.
She says that there was no verbal agreement, she volunteered to pay the rent, even though later the University did pay him to teach as part of his PhD. When he did get paid, he never contributed in the payment of rent, though he did pay for shopping sometimes, TV licences etc
I asked if there is any e-mails where there might be have been a suggestion to pay. She said there was not.
All she has is a bank statements showing the money went put of her account.
Expert:  Jo C. replied 2 years ago.
Sorry if I'm missing the point but I'm not sure what is the basis for the challenge?
She seems to accept not having an agreement?
Customer: replied 2 years ago.
Yes that's true, it was a surprise to me when I was told that a few minutes ago. My friend feels aggrieved that he managed to live rent free for 2 years. The relationship was abusive at times, and so when it ended, she feels that she gave more then she got back. I also think she has been advised that she may have a case.
Sorry to take up your time.
Would it be fair to say that in terms of the law, she does not have a case, because there was no agreement, verbal or otherwise.
Expert:  Jo C. replied 2 years ago.
Ok. If you give me 10 mins I will dictate an answer.
Expert:  Jo C. replied 2 years ago.
Thank you.
Sorry for the delay.
I'm afraid you are right though. There is just plain no contract here. She may well have had a reasonable expectation that he would do the decent thing and offer some form of payments but that is not a contract I'm afraid.
Therein lies the problem here. She just plain doesn't have any agreement with him that he will pay and therefore he is not liable I'm afraid.
Quite frankly, it would have been difficult to explain the fact that she waited until the relationship had ended before trying to enforce any contract that did exist anyway.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
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