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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2663
Experience:  Freelance Solicitor at Self Employed
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I am looking for a no win no fee help as I feel I have a

Customer Question

I am looking for a no win no fee help as I feel I have a very strong case to win
JA: Where are you? It matters because laws vary by location.
Customer: Surrey, CR2 0BP
JA: What steps have you taken so far?
Customer: nothing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have written a detail inform
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
File attached (MMT2ZTQ)
Customer: replied 16 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 16 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Vineet S replied 16 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, 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.

Expert:  Vineet S replied 16 days ago.

Hi there,

Just Answer is an information sharing platform in a Q/A format, not a substitution to full legal services.

you can find a solicitor for legal representation on a no-win, no-fee basis using the Law Society- find a solicitor search option here: https://solicitors.lawsociety.org.uk.

Or have to do internet search for no-win-no fee solicitors.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.

Customer: replied 16 days ago.
will you be able to help me for what I have sent through to you.
Customer: replied 16 days ago.
I don't want phone call now
Expert:  Vineet S replied 16 days ago.

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.

Expert:  Vineet S replied 16 days ago.

Just Answer is an information sharing platform in a Q/A format, not a substitution to full legal services.

What is your specific question, please?

I am unable to open the attachment that you have shared.

Customer: replied 16 days ago.
I have written everything in the Word document, can I just copy to you.
Expert:  Vineet S replied 16 days ago.

please attach it here.

Customer: replied 16 days ago.
File attached (QPMQPQM)
Customer: replied 16 days ago.
after you read the information, I would like to know what I should do , do I have case and what is my legal position, is it possible to throw him out and change the lock?
Expert:  Vineet S replied 16 days ago.

Do you have a written agreement with him for that garden cabin?

Customer: replied 16 days ago.
if I go down the road of legal battle with him, if I win , could I ask him to pay my legal fee and compensation of time and distress ?
Customer: replied 16 days ago.
only verbal one
Expert:  Vineet S replied 16 days ago.

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.

Customer: replied 16 days ago.
no email or written correspondence confirm this .
Expert:  Vineet S replied 16 days ago.

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.

Customer: replied 16 days ago.
but a few mutual friends know this verbal agreement
Customer: replied 16 days ago.
he used for his work
Expert:  Vineet S replied 16 days ago.

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.

Customer: replied 16 days ago.
what is proper procedure for given him notice if it is commercial tenancy? as his argument is that I have not gone through proper procedure of give him notice to leave.
Customer: replied 16 days ago.
it is too late to write a email to say to him, you know this is just a verbal agreement between us ?
Expert:  Vineet S replied 16 days ago.

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 .

Customer: replied 16 days ago.
at moment I try to ask him not go down the legal road, I could write a email to clarify what I said in my word document to prove he only can used the cabin not the whole property
Expert:  Vineet S replied 16 days ago.

Yes, you firstly need to make him admit to such a payment term of the rent for that cabin.

Customer: replied 16 days ago.
it is possible if I write a email to him and I would be grateful if you could have a look for me before I send to him as English is not my language?
Expert:  Vineet S replied 16 days ago.

You do not need to have a proper legal email , you can send it in layman's language with your skills .

Customer: replied 16 days ago.
I know but I thought you might be able to help me to get most important points through?
Expert:  Vineet S replied 16 days ago.

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.

Just Answer is an information sharing platform in a Q/A format, not a substitution to full legal services.

Unfortunately ,I would not be able to draft or help with that email.

Customer: replied 16 days ago.
at moment he refuse any acknowledgement of receiving my text and email. but I know he has received , if he does not reply , what I should do
Expert:  Vineet S replied 16 days ago.

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 .

Customer: replied 16 days ago.
this person has gone. through many legal cases, he knows what to do and where to get people in trouble ( like myself too trusting him!
Customer: replied 16 days ago.
do I have any protection by law from this type of person
Expert:  Vineet S replied 16 days ago.

You should have made a written agreement with this guy ,if you knew his backstory.

Customer: replied 16 days ago.
what can I do now?
Customer: replied 16 days ago.
what is proper procedure for given him notice if it is commercial tenancy? as his argument is that I have not gone through proper procedure of give him notice to leave.
Expert:  Vineet S replied 16 days ago.

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.

Expert:  Vineet S replied 16 days ago.

This is verbal contract so not sure how much was the duration.

Expert:  Vineet S replied 16 days ago.

As there are different requirements for notices within the term or after expiry .

Customer: replied 16 days ago.
what is the rent reminders for non-payment? I don't understand this
Expert:  Vineet S replied 16 days ago.

If the tenant was not paying the rent, Landlord need to ask him for rent payments .

Customer: replied 16 days ago.
he is paying the rent, I am asking if give him proper notice as commercial , how to do this
Expert:  Vineet S replied 16 days ago.

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.

Customer: replied 16 days ago.
there is no lease
Customer: replied 16 days ago.
do you have exemples of notice I can use for with lease term and expired lease term ?
Expert:  Vineet S replied 16 days ago.

Landlord need to send section 25 notice under the Landlord and tenant act 1954.

Expert:  Vineet S replied 16 days ago.

For terminating the lease if the tenant is not paying rent /within the term.

Customer: replied 16 days ago.
what is section 25 notice?
Customer: replied 16 days ago.
he is paying rent as it is so cheap that is why he won't go
Expert:  Vineet S replied 16 days ago.

As we do not know the term of the commercial lease, we do not know if it is within term or after expiry.

Expert:  Vineet S replied 16 days ago.

Section 25 of the above act is used by Landlords to terminate the commercial tenancies.

Expert:  Vineet S replied 16 days ago.

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.

Customer: replied 16 days ago.
but if I give him section 25 notice which means I admit it is commercial letting, he has put me in a impossible situation.
Expert:  Vineet S replied 16 days ago.

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.

Customer: replied 16 days ago.
do you think I have a case to win
Expert:  Vineet S replied 16 days ago.

you can find a solicitor for legal representation using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk.

Or have to do internet search for no-win-no fee solicitors.

Customer: replied 16 days ago.
where can I find a no win-no fee solicitor , I am so grateful for you patient and kind help.
Expert:  Vineet S replied 16 days ago.

I can not say from the lack of evidence here , if you have a winner on hand or not.

Customer: replied 16 days ago.
can't open the link
Expert:  Vineet S replied 16 days ago.

Try this-

https://solicitors.lawsociety.org.uk/

Expert:  Vineet S replied 16 days ago.

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.

Expert:  Vineet S replied 16 days ago.

I hope this helps.

Thank you for using Just Answers. Best wishes.

Customer: replied 16 days ago.
thank you.
Expert:  Vineet S replied 16 days ago.

Thank you. Have a nice weekend.