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Hello my name is ***** ***** I will help you with this.
Is there nothing at all in writing, not even in email?
A verbal agreement is binding yes, despite not being in writing. Agreements can be oral as well as written.
The act of paying part of the fee shows conduct and the fact there was an agreement.
The signing of the tenancy does not void the verbal agreement, it was signed on behalf of all of those in the agreement.
The Court would award damages in terms of the loss incurred, so the 1/3rd rent
Yes the two remaining can stay in the property.
Can I clarify anything for you about this today please?
Yes, its the same.
Does that clarify?
1) Yes. Contracts are oral as well as written
2) No, they could claim past losses and future losses as they know what they are
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Court is always a risk - there is no guarantee. I think there is a claim here.
Have a good weekend.