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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 5931
Experience:  Dual qualified Solicitor and Attorney
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I have a couple of questions regarding the agreement with a

Customer Question

Hello. I have a couple of questions regarding the agreement with a nursery that my son is attending. First, I paid a refundable deposit of £200 at the beginning. Many documents I received from them state "This is refundable when you give us two months written notice that you will be leaving". Does the clause mean that I can walk away without two-month written notice if I decide to forfeit the deposit?The other question is that I sent the nursery a 2-month's notice to reduce my son's sessions due to our 3-week long holiday. The agreement explicitly states "I will be liable to give two month's written notice of my intentions to reduce in part or completely the number of sessions." Also, the nursery's occupancy manager sent an email saying "we are of course able to reduce your booking with 2 month's notice, however, no guarantee of adopting your original schedule can be given."
Accordingly, I did not ask them to guarantee my son's original schedule after our holiday. I was willing to move my son to another nursery in case that there would be no place at the nursery after the holiday.However, the nursery manager refused my request to reduce the sessions, saying "we do not reduce sessions for a temporary period due because of holidays." Now two months already passed, so I am not paying for the fee now. I am wondering what I can do.
Submitted: 7 months ago.
Category: Law
Expert:  Jeremy Aldermartin replied 7 months ago.
Hi thank you for your message, so regarding the £200 you would still need to give the notice or be liable for a breach of contract and by failing to give the two months notice you would also forfeit the £200. Regarding the notice period you have given the notice as required, this was tacitly accepted by a representative of the nursery namely the occupancy manager and it was in accordance with the agreement. Therefore, you can reduce your sons sessions accordingly and refuse to pay for any “missed” sessions according to the current schedule. That said you may wish to communicate these points to the nursery manger first that in essence it is not at their discretion to refuse for you to reduce sessions. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.