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Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.
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please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.
What is your specific question, please?
I am unable to open the attachment that you have shared.
please attach it here.
Do you have a written agreement with him for that garden cabin?
A contract can be verbal, implied or confirmed by the conduct of the parties. There is no requirement to have a contract in writing , though it is highly recommended to get it confirmed in writing ,for avoidance of any doubts in future.
Problem with verbal contracts are that if some party backs out or if there is some confusion regarding the terms , then contract can be treated as complete contract, and would remain unenforceable.
Aggrieved party would have to prove the verbal contract by providing any evidence that such a contract existed, in the form of some witnesses in whose presence such contract was agreed, or any other evidence which confirms that both parties agree to terms of the verbal contract, like any email, written correspondence which confirms the verbal contract.
Secondly was it commercial tenancy or residential one?
If the cabin is used for work/office /commercial activities , and not for residence purposes then it is a commercial tenancy.
You have to prove the verbal contract that his tenant agree to the payment terms.
Friends knowing the agreement or witnesses in presence of whom this agreement is formed/agreed are two different things.
If he was not paying rent then, then commercial Landlord can exercise the right of forfeiture. However due to COVID 19, that a landlord cannot exercise a right of re-entry (‘a forfeiture clause’) for non-payment of rent .
Yes, you firstly need to make him admit to such a payment term of the rent for that cabin.
You do not need to have a proper legal email , you can send it in layman's language with your skills .
As long as you can write what have been agreed and wait for his acknowledgement of the same. then you can use it to prove your verbal contract.
Unfortunately ,I would not be able to draft or help with that email.
That means he is not acknowledging that you have a verbal agreement , and as explained above you would have to prove that a verbal contract exist between you .
You should have made a written agreement with this guy ,if you knew his backstory.
You are a Landlord and he is the tenant , however problem is that the agreement is verbal, that you can not prove , due to lack of evidence.
Commercial Lease are govern by the terms of the lease , but you were required to give him 2 months notice at least for moving out and send rent reminders for non-payment.
This is verbal contract so not sure how much was the duration.
As there are different requirements for notices within the term or after expiry .
If the tenant was not paying the rent, Landlord need to ask him for rent payments .
Notice requirement would depend on the tenancy.
Commercial tenancies are either within the protection of The Landlord and Tenant Act 1954.
Again which notice to send would depend if the lease term is expired or not.
Landlord need to send section 25 notice under the Landlord and tenant act 1954.
For terminating the lease if the tenant is not paying rent /within the term.
As we do not know the term of the commercial lease, we do not know if it is within term or after expiry.
Section 25 of the above act is used by Landlords to terminate the commercial tenancies.
As you are selling your house as well, You should take all paperwork regarding the tenancy to a local no-win/no fee solicitor top know if you have a case to win here.
No win /no fee will mean only solicitor
will take the case if they are sure of its success.
It will save you from paying legal fee in a losing cause.
you can find a solicitor for legal representation using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk.
I can not say from the lack of evidence here , if you have a winner on hand or not.
You need a full representation, which unfortunately is not possible on Just answer platform.
You need to sit with a solicitor and provide all possible details and evidence to him/her to know if you can win in the court.
I hope this helps.
Thank you for using Just Answers. Best wishes.
Thank you. Have a nice weekend.