UK Property Law
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Forgive me for being cynical. It might be in his daughter's namebut he will be pulling the strings!
Yes, you can sue him for all the arrears because he has not givenyou notice. However you are under a duty to mitigate your loss and the courtmight think that it would not be unreasonable for either you or an agent tovisit the property in a 12 month period, particularly if the rent was insubstantial arrears
Yes he does need proof. Expect him to come up with a letter,dated a year ago which he allegedly gave to you!
In other words, he will lie and it is up to the court who theybelieve
Unless the agreement says that the notice has to be by recordeddelivery (doubtful) very you give it to you by hand or send it by first classpost provided he has proof of delivery.
He can actually say that he gave it to you by hand (lie). Youmight want to change your tenancy agreement for the future to prevent thishappening
You don't need to prove the arrears because the arrears are fact.He is liable to pay them.
You need to prove that there was an offer and an acceptance withregard to the new building. If there is an offer to do it and acceptance by you,then there is an agreement.
The consideration of the agreement (good financial considerationin this case) are the arrears.
In cases like this however the court will rarely order specificperformance because if someone is finishing the job off against their will,they are not going to make the best job of it, I am sure you can appreciate.
In that case therefore the court will award youcompensation/damages (money) which means that the whole thing has gone fullcircle.
No. Bankruptcy wipes debts out incurred before the date of the bankruptcy and wipes out any obligations to that date. The three most notable things that it does not wipe out our child maintenance, spousal maintenance, and student loans.
You can only therefore enforce any agreement and debtswhich occurred from the date of bankruptcy (not the date of discharge from bankruptcy)
I am glad to help.
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