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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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A retirement home provides a coach 5 times a week at set times

Resolved Question:

A retirement home provides a coach 5 times a week at set times of the day for shopping and
day visits. This is not provided for in the rental contract with the owning company, but is
clearly stated in all its advertising literature and is mentioned when applying to rent an
apartment. The rent is inclusive of everything- meals, cleaning of apartment, council tax etc.
and the coach - residents do not pay per trip.
I maintain this amounts to a contract. I would be grateful for a legal view. Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What is the issue as to whether this is a contract or not - how would it affect thins?
Customer: replied 1 year ago.
The driver left nearly six months ago, so far he has not been replaced -series of agency drivers has sometimes stood in, with
no certainty of operation, frequently no coach service at all. The company maintains it is not contractually obliged to provide
this sevice. When theservice was operating properly, if driver on hols or sick his absence was always covered.
Your view please.
MO'S
Expert:  Ben Jones replied 1 year ago.
What was this service advertised as in the literature?
Customer: replied 1 year ago.
I can't be specific, but the literature listed all the things provided such as meals, cleaning provision of coach for shopping,
outings etc. (always mentioned)
I am only looking to strengthen my hand in a meeting with a Director who is coming to hear our complaints. Am not
looking totake legal action.
over
Expert:  Ben Jones replied 1 year ago.
Ok there is an argument that there may have been a contract in place but you may not necessarily be able to argue that the frequency or full time provision was also a part of the contract. For there to be a legally binding contract, it is not necessary to have anything in writing, signed by both parties, etc. A contract can become implied by law trough verbal discussions or through the actions of the parties involved. What is required though is that here is an offer, an acceptance and an intention to create legal relations. You could argue that the home had offered you the services of the coach, simply by having them there and also advertising them on literature and by agreeing to rent there you had accepted such an offer. Whether there was an intention to create legal relations between you is another matter – the home may have never intended that and just offered the service as a perk, just an additional extra and without the intention of it to be legally binding on anyone. That is a matter of fact, which only a court can establish so unless you take it that far it will just be speculation or a matter of discussion between you and the other side. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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