Can I draw a contract up myself or can only a lawyer do it?

BrettMorganxD

I live in a house share and we all pay rent to the estate agent but pay bills ourself.

The gas n leccy is in my name due to certain reasons I won't go into. My Male roommate is paying but my female one hasn't paid for 5 month. I only ask for £20 a month off of each roommate and she is the one in most of the time.

Now I can't even go to county court and she is being evicted for noting paying rent but I can't go to court as nothing is in writing.

For any new tenants could I write up a contract for me and them to sign to state £20 a month must be paid so if anything like this happens again I can go to small claims

Skinto_7

You can do it yourself.

Get it signed by both parties and a witness and date it.

spiro

You might be able to take her to small claim court if the other person is prepared to state that you were each supposed to contribute £20/month towards the bills.
Suggest going forward that you get agreement for them to pay the money into your bank account, preferable by s/o, with a reference of say 'month utilities' that way you have (a) proof they have paid and (b) more importantly proof they have not paid.

undaunted

Whilst its obviously better for things to be in black and white a contract does not always have to be in writing.

Who says that you cannot take her to Court for her share?

I think she would find it difficult to convince a Judge that you & your room mate had agreed to pay for her share personally. The fact she hasn't been paying the rent either surely strengthens your case further. Why you or the agents let it go 5 months is beyond me, she's making a mug out of you all!

GlynD

undaunted wrote: »

Whilst its obviously better for things to be in black and white a contract does not always have to be in writing.

Who says that you cannot take her to Court for her share?

I think she would find it difficult to convince a Judge that you & your room mate had agreed to pay for her share personally. The fact she hasn't been paying the rent either surely strengthens your case further. Why you or the agents let it go 5 months is beyond me, she's making a mug out of you all!

A lawyer told me once that a verbal contract isn't worth the paper it's written on.

Get a signed agreement.

undaunted

Perhaps you need to find a better solicitor? http://www.contactlaw.co.uk/can-a-verbal-contract-be-legally-binding.html

http://www.crippslink.com/index.php?option=com_content&view=article&id=1237:the-status-of-oral-contracts&catid=88:commercial-law&Itemid=537

GlynD

undaunted wrote: »

Perhaps you need to find a better solicitor? http://www.contactlaw.co.uk/can-a-verbal-contract-be-legally-binding.html

http://www.crippslink.com/index.php?option=com_content&view=article&id=1237:the-status-of-oral-contracts&catid=88:commercial-law&Itemid=537

Actually I don't need one. I happen to be an expert on contractual law and have fought civil cases with and without a written contract.

Quentin

GlynD wrote: »

A lawyer told me once that a verbal contract isn't worth the paper it's written on. ...

No,

That wasn't a lawyer who (famously) said that - it was Sam Goldwyn!

A verbal contract is equally binding as a written one.

The OP can sue his current flatmate, though a pointless money waster if she has no money/assets to pay him when he wins!

GlynD

Quentin wrote: »

No,

That wasn't a lawyer who (famously) said that - it was Sam Goldwyn!

A verbal contract is equally binding as a written one.

The OP can sue his current flatmate, though a pointless money waster if she has no money/assets to pay him when he wins!

You're correct to an extent. There are only several situations in law which require written contracts and they're mostly to do with property however, a written contract simplifies matters for both parties and often the very presence of one does away with the need to pay lawyers.

Thanks for the heads up on Sam Goldwyn. My lawyer must have known him

chanz4

You dont know it but you already have one in a way, your landlords tennancys say you are liable for gas and electric. All you need is his support, but if getting kicked out you will not get a penny

Terrylw1

Your tenancy agreement proves her liability. Despite putting your name on the account, its the names on the tenancy agreement that matter as the supplier will update those names if you provided it, thus chasing you all.

If you can get a contract, great, it will cover you. There's a big problem though. To be able t:o enforce that, you need to be able to prove who has paid what and who hasn't. This is where it can be difficult as its really a matter of having some form of receipts. This is because a supplier can hold you all liable despite 2 out of 3 of you paying your way, its simply not their problem, its yours, a 3rd party agreement. When it advances, records can change the situation by the supplier billing that person but that's going to be an advanced stage since its easier for them to tell you to get the money to them,