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Set-aside statutory demand that includes unnecessary legal fees

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  • Set-aside statutory demand that includes unnecessary legal fees

    Our landlord has issued my Dad's company with a statutory demand for late rent.

    The stat demand includes legal fees for using a solicitor to chase us.

    My Dad is the sole director and he has been in hospital for most of a year due to a debilitating illness and isn't able to manage the company as of yet. They knew this, but failed to correspond with a designated third party who was managing his affairs, although they promised to do so.

    VAT invoices for the rent also failed to be delivered (there have been many problems with the post at our office).

    We dispute that it was necessary to resort to solicitors, as they knew the unfortunate situation and could have simply corresponded with the designated third party as promised. The rent was never in gross arrears but merely late.

    We can clear the outstanding rent arrears (which amounts to about 6 week's rent) within 21 days of the stat demand, but not the part that are due for the legal fees as we don't want to admit to be being liable for that.

    A hearing to set aside the stat demand (in part) will likely incur further legal fees if we lose.

    Do we have a leg to stand on?

    We cannot afford to hire a solicitor!
    Tags: None

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