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I run a equestrXXXXX XXXXXvery yard in essex. One of my liveries

 

Customer Question

I run a equestrXXXXX XXXXXvery yard in essex. One of my liveries chose to pay me 3 months in advance, i have 12 months invoices which show this but no signed contract. They are leaving and refusing to give me more than a week and a half s notice and threatened to take me to court if I did not refund 3 weeks money, which I have done. Do I have any right to demand a longer notice period?

 

Optional Information:
System of Law: England-and-Wales

Submitted: 283 days and 4 hours ago.
Category: UK Law
Value: £47
Status: CLOSED
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Expert:  UK-Justice replied 283 days and 3 hours ago.

Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

Was any notice period ever discussed?

Customer replied 283 days and 3 hours ago.

no.

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Expert:  UK-Justice replied 283 days and 3 hours ago.

Thank you.

If they paid in advance for a term then by rights they would not be entitled to any refund.

This is because if you pay for something up front, you accept you want to use that facility for that period.

If you change your mind. It's your own fault.

So if you had refused to refund any of the unused portion of rent, this would have been right and proper.

However because you have refunded the remaining period of 3 weeks you have, in effect, accepted their termination.

As such you can now no longer go after them for the remaining rent periods.

If you have not refunded the money, you would have been in a very strong position, but now my view is that you are too late.

So yes you could have demanded longer, but can not now you have refunded.

I am sorry if this is not the answer you are after but based on what you have said, this is the legal position.


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist

Customer replied 283 days and 3 hours ago.

2 weeks worth of the returned rent was actually money they owed me in return for services I had paid for on their behalf, so in fact they actually owe me for that too. Can you advise me in respect of this? Thank you.

Customer replied 283 days and 2 hours ago.

I ,2 weeks worth of the returned rent was actually money they owed me in return for services I had paid for on their behalf, so in fact they actually owe me for that too. Can you advise me in respect of this? Thank you.

Accepted Answer

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Expert:  UK-Justice replied 283 days and 1 hours ago.

If they owe rent for the time they actually occupied yes you can claim that back.

Otherwise remaining rent for the period which you returned can't be recovered.


Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist

Expert TypeBarrister
Category: UK Law
Pos. Feedback: 96.4 %
Accepts: 10295
Answered: 7/2/2012

Experience: Called to the Bar in 2007

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Expert:  UK-Justice replied 279 days and 11 hours ago.

I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

 
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