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

undaunted

GlynD wrote: »

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.

Then why confuse the poster with this nonsense? :think:

GlynD wrote: »

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

chanz4

verbal contract isn't worth the paper it's written on, that's because its not written down doopp

Terrylw1

If you want to pursue any verbal agreement, you've got to prove it was made, via their actions backing up the agreement. Without having some proof that it was followed, its word vs word.

macman

BrettMorganxD wrote: »

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

A contract exists whether in writing or verbally, so yes you can. But the problem will be that you have to prove it, which is much harder without a written contract. It all depends if she is prepared to go to court and perjure herself-you might call her bluff.

dogshome

Hmmm - I'm afraid you are on a loser.
This co-tenant who's not paying her bill share and is about to be evicted for non-payment of rent, has serious money troubles.

If you do go to to Small Claims and win a judgement against her, all you are going to get from the Court is a piece of paper that says she owes you money.
( £100 she owes + Court fee £80 - £180 )
It's then up to you to apppoint a Bailiff to sieze goods to that value plus his costs, but first he has to find her and she has to have goods of sufficient value to pay your claim and the bailiffs costs

Best to save the expense, put it down to experience and make sure you get a fully written agreement from the new and remaining sharer, and the moment one of them does not come up with their bill share, inform the Landlord

I'm afraid that even doing the above will not shield you from another sharers debt - Your name is on the account and it's you the Utility Co will chase for full payment, and the arrangements you have with your co-tenants are of no concern to them.

undaunted

You may well be right - if she has no money or assets. On the other hand if she simply wont pay and / or prefers to spend her money on obtaining a fancy car or designer label clothes for example it may still be that money can be obtained from her via such action

Terrylw1

dogshome wrote: »

I'm afraid that even doing the above will not shield you from another sharers debt - Your name is on the account and it's you the Utility Co will chase for full payment, and the arrangements you have with your co-tenants are of no concern to them.

If the account holder sends the supplier a copy of the tenancy agreement, they will amend the account to reflect all the names.

Yorkie1

It does sound likely that she doesn't have funds to pay the bills.

To that extent, court action wouldn't get the money back. But, if the judgment goes to the OP, at least she'd have a CCJ recorded against her if she didn't pay up.