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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have a dispute with a couple who rented a holiday home

Customer Question

I have a dispute with a couple who rented a holiday home from me in France for 6 months. We agreed an amount for 'long term rental' which was less than the normal holiday rental fees. They paid an initial deposit, and were then paying monthly for 6 months. After three months they decided to go elsewhere. The contract (which they signed) had a fixed start and end date, and was very clear that the end date was agreed before rental commenced. I challenged them and asked for the remaining rent for the other 3 months as they left me without anybody in the property in July and August (I had also refused other renters for that period earlier in the year because I had rented the house for 6 months). They claim that because the house is in France, French law applies, and in France you only need to give one month notice no matter what the contract says. They also refused to supply me with their new address in France, however in October I was there so I managed to track them down and found their address. I put another demand for payment into their letter box. They still refuse to pay. Do I have a case to take them to small claims court for the outstanding rent?
Submitted: 25 days ago.
Category: Law
Customer: replied 25 days ago.
Attached is a copy of the contract.
Expert:  Jamie-Law replied 25 days ago.

Hello my name is ***** ***** I will help you.

Are they also based in the uk?

Customer: replied 25 days ago.
Hi Jamie,
They are an English couple who are working in France.
Expert:  Jamie-Law replied 25 days ago.

Thanks for your patience I have been stuck in Court. UK law does apply - they have agreed.

You need to write and set out your losses and request payment 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 pay you 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

If they are still in France you may not be able to issue proceedings online.

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.

Can I clarify anything for you about this today please?

Customer: replied 25 days ago.
Hi Jamie,Is the contract clear and fair? I thought it was.
They are still in France, and I have the address. I have already set out my losses and issued then with an invoice for the outstanding balance of the rental payments, this was initially sent by email since that was all I had to contact them. Since I found their address I hand delivered another copy of the invoice requesting payment within 14 days. I also said that if they had difficulty paying, we could come to some arrangement for them to pay in installments.
They answered back by email saying they have no intention of paying any money to me.
You say that I may not be able to issue proceedings online - is this because they are not currently living in the UK? Can I still issue proceedings in any other way?The claim would be for around 2000 euros. What if they still fail to pay even after a Judgement? And can I claim back costs?Jeremy
Expert:  Jamie-Law replied 25 days ago.

Yes the contract is clear. I think its obvious its UK law.

Does that clarify?

Customer: replied 25 days ago.
Can you answer the other questions in my last response?
Jeremy
Expert:  Jamie-Law replied 25 days ago.

If they fail to pay you can enforce it here or get a European Enforcement order.
You can only claim Court costs against them
Does that clarify?

Customer: replied 25 days ago.
You say that I may not be able to issue proceedings online - is this because they are not currently living in the UK? Can I still issue proceedings in any other way?
Expert:  Jamie-Law replied 25 days ago.

Correct. Yes you can do paper issue proceedings.

Same process. Does that clarify?

Customer: replied 19 days ago.
Hi again,
I assume that even though I have hand delivered a letter in October, I need to send a final demand for payment by recorded delivery asking for payment within 14 days?What are my chances of success in court for this debt recovery?Jeremy
Expert:  Jamie-Law replied 19 days ago.

Correct. I think you have a decent chance Jeremy.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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