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Unpaid Rent - Enforcement - Solicitor fees

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  • Unpaid Rent - Enforcement - Solicitor fees

    Hello

    Hope everyone is ok.

    I run a small business and rent office space.

    During COVID-19, I asked my landlord if they could provide any rent relief. They agreed over the phone that I could pay half rent for six months. Unfortunately, due to the stress of the pandemic and managing my business, I didn’t get this agreement in writing.

    After the six months, I resumed paying the normal rent. However, I later received a bill for the remaining half of the rent from those six months. I explained that I had discussed this with someone over the phone and was told it was fine, but they denied any such agreement.

    I then received follow-up letters, and eventually an enforcement notice, demanding I pay the full amount. Without any written proof, I felt I had no choice but to pay the amount owed.

    A few days after making the payment, I received another bill from their solicitors for £3,000, claiming I had to cover their legal fees since, by paying, I effectively accepted liability. When I called the solicitors, they said that because I was the “losing party,” I had to pay their costs. They offered to reduce the fee to £2,500 and allow monthly payments of £500 but warned they would start enforcement action if I didn’t comply.

    Is this legal? I was not informed beforehand that paying the enforcement notice would result in additional costs. There was no prior breakdown of these charges, and nothing indicated I would owe solicitor fees by paying the invoice.


    Thanks
    D



    Tags: None

  • #2
    invite them to get knotted.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      And that is the polite version!

      Comment


      • #4
        Originally posted by da3533 View Post
        Hello

        Hope everyone is ok.

        I run a small business and rent office space.

        During COVID-19, I asked my landlord if they could provide any rent relief. They agreed over the phone that I could pay half rent for six months. Unfortunately, due to the stress of the pandemic and managing my business, I didn’t get this agreement in writing.

        After the six months, I resumed paying the normal rent. However, I later received a bill for the remaining half of the rent from those six months. I explained that I had discussed this with someone over the phone and was told it was fine, but they denied any such agreement.

        I then received follow-up letters, and eventually an enforcement notice, demanding I pay the full amount. Without any written proof, I felt I had no choice but to pay the amount owed.

        A few days after making the payment, I received another bill from their solicitors for £3,000, claiming I had to cover their legal fees since, by paying, I effectively accepted liability. When I called the solicitors, they said that because I was the “losing party,” I had to pay their costs. They offered to reduce the fee to £2,500 and allow monthly payments of £500 but warned they would start enforcement action if I didn’t comply.

        Is this legal? I was not informed beforehand that paying the enforcement notice would result in additional costs. There was no prior breakdown of these charges, and nothing indicated I would owe solicitor fees by paying the invoice.


        Thanks
        D



        Can i complaint ? have i got any defence to this?


        Comment


        • #5
          From what you have said, your defence is that there is no legal basis for the claim.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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