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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am renting a garage but have no mcontract even though I have

Customer Question

I am renting a garage but have no mcontract even though I have asked for one and it would appear that contracts for land, property thereon and leases MUST be in writing.
I have withheld 2 x monthly payments of £600 = £1200 as damage in excess of this was caused to a customers land rover parked inside the garage when a water main pipe, immediately over it split and caused expensive water damage.
I am now being sued for the £1200 plus interest and costs through the County Court Business Centre.
How should I respond?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
who caused the damage please?
Customer: replied 1 year ago.
The damage to my customers Land Rover was caused by a split in a water supply pipe, part of the service that my "Landlord" was providing. The land Rover was right underneath the actual pipe and in a semi dismantled condition which gave no
protection to the huge amount of water that continued to flow into it from the split.
Expert:  Ash replied 1 year ago.
I would not withhold rent because as a commercial premises the Landlord could then get possession back because you are in arrears.
However you can sue for breach of contract as the Landlord pipe has burst. This is the best way as your business wont be in issue .
You need to write and set out your losses and request a refund 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 refund 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://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.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes please phone me now as I have to otherwise reply by letter to a deadline of 9 Jan
Expert:  Ash replied 1 year ago.
Ok, I will call now.
Alex

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