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written gentlemans agreement

For a renter to rent a commercial property for storage is a written and signed gentlemans agreement legal.


Thanks.

are small claims courts good too.
:footie:
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    No idea what you mean by "gentleman's agreement".

    My understanding of the term is that it is in some way NOT a contract. In that case, obviously it is not legally enforcible.

    However, if the wording on the document is sufficient to make it a contract then

    * yes it would be legally enforcible but
    * by definition it would not be a "gentleman's agreement"!
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 2 February 2015 at 4:05PM
    The question is nonsensical.

    If you wish to rent property and have the terms in writing then that is a written contract however you call it, especially if by 'legal' you mean 'enforceable'.
    There would still be a contract if nothing was writing (though obviously it would be much more difficult to enforce specific terms).
  • red_devil
    red_devil Posts: 10,793 Forumite
    If you have something handwritten and signed by both parties and it details out what rent is due and when and how much notice each party shoukd give to quit etc is that legally enforcable?
    :footie:
  • dodger1
    dodger1 Posts: 4,579 Forumite
    red_devil wrote: »
    For a renter to rent a commercial property for storage is a written and signed gentlemans agreement legal.


    Thanks.

    are small claims courts good too.

    Definition of gentleman's agreement in English:

    noun

    An arrangement or understanding which is based upon the trust of both or all parties, rather than being legally binding:
    It's someone else's fault.
  • red_devil
    red_devil Posts: 10,793 Forumite
    So how do you get rid of them then and get any unpaid rent, can you go to a small claims court.

    This is storage rent in a commercial property?
    :footie:
  • Rambosmum
    Rambosmum Posts: 2,447 Forumite
    Part of the Furniture 1,000 Posts
    red_devil wrote: »
    So how do you get rid of them then and get any unpaid rent, can you go to a small claims court.

    This is storage rent in a commercial property?

    Do you have a written agreement which could constitute a legally enforceable contract? If so then going through small claims wil be fairly easy.

    If not, did the renter pay you regularly straight from their account in to yours? so you could show that you had an agreement?
  • red_devil
    red_devil Posts: 10,793 Forumite
    Rambosmum wrote: »
    Do you have a written agreement which could constitute a legally enforceable contract? If so then going through small claims wil be fairly easy.

    If not, did the renter pay you regularly straight from their account in to yours? so you could show that you had an agreement?

    Yes to the first question, if we go thru small claims court do we definetely get our money cos i notice you have to pay to aoply.
    :footie:
  • Tixy
    Tixy Posts: 31,455 Forumite
    red_devil wrote: »
    Yes to the first question, if we go thru small claims court do we definetely get our money cos i notice you have to pay to aoply.

    Nobody can guarantee you will win your court case.
    Even if we knew all the facts and what each party would say in court we'd still only be giving an opinion on whether you'd be likely to win.

    If you successfully obtain a CCJ then even then you are not guaranteed to be paid. If the debtor is stiill unwilling or unable to pay then you'd need to consider enforcement action (such as instructing bailiffs etc) which will cost you more money.

    That said sometimes the threat of court action is enough to make someone pay, and using small claims doesn't involve very high costs.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • A gentleman does not need to write his commitments down: His word is his bond.

    Haven't seen any like that for quite a few years now, mind....
  • eddddy
    eddddy Posts: 17,777 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    red_devil wrote: »
    Yes to the first question, if we go thru small claims court do we definetely get our money cos i notice you have to pay to aoply.

    It will be decided "on the balance of probabilities".

    So you present all your evidence that they owe you money, and they present all their evidence that they don't.

    And the court will decide whether it is more likely that money is owed, or that money is not owed.

    A handwritten piece of paper can be presented as evidence. So can your witness statement saying something like "In March 2012, he verbally agreed to pay me £100 per week to use the storage space".

    And the other party can submit their witness statement saying something like "He never asked for any money, and I never agreed to pay any" etc.

    And the court will decide...
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