Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Has the person breached a term of the AST. Does it exclude a business from home?
JACUSTOMER-a66f6itk- : The Ast noted that discrete business couldbe carried out .
JACUSTOMER-a66f6itk- : The tenant said that she was involved in marketing and assissted businesses to develop sales by nett working.
JACUSTOMER-a66f6itk- : I feel that action under L&T would be difficult ,
JACUSTOMER-a66f6itk- : An action under common law ,using my assets with out permission and that being public is the affence.
JACUSTOMER-a66f6itk- : Is that called something.
Alex Watts : Ok. There is no common law offence here. It is a matter of contract law.
Alex Watts : You need to write giving a section 8 notice about the beach and say you intend to end the tenancy
Alex Watts : If the tenant refuses to comply you can issue proceedings for possession
Alex Watts : You would need to complete form N5 and submit it to court.
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : The court will list the matter for hearing and decide whether to give possession.
Alex Watts : You could issue proceedings for breach of contract but you would need to quantify and particularise your loss
Alex Watts : 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
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything to you about this today please?
JACUSTOMER-a66f6itk- : My main question is the legal word used when a person uses someone else's asset or property with out permission for financial gain .what does the courts call this
Alex Watts : Breach of contract.
Alex Watts : Does that help?
JACUSTOMER-a66f6itk- : Thankyou
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