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Nursery Contract Issue

5 replies

Muddlingalongalone · 26/07/2019 22:53

Help please legal experts
Disclaimer - I'm pretty sure I am legally obliged to pay but am really pissed off about circumstances so wondered if there was an option at all? Also - long to get full timeline but will try to make it easy to read.

Dd2 is 5 and starting reception in Sept.
School doesn't start til 12th Sept, so plan was to keep her in private nursery until 10th Sept, have 1 day at home then start school. I knew that she would not be at nursery 10th Aug-1st Sept but wanted to keep her place so was willing to pay.
As such 1 month notice due 9th Aug.

30th June letter from owners, pre-school building sold - effective 31st July, children transferring to other building, no other changes.
(They gave exactly one month notice, my plans for notice period didn't need to change)

Today while I am on holiday I find out that owners have issued another letter saying whole nursery will close 30th Aug - again they have given exactly the right amount of notice contractually.
However, I now only need their service until 9th Aug because they will no longer be available in Sept but am out of the window to give them 1 months notice of her finishing on 9th Aug, which I would have done (and had an extra month to make alternative arrangements) if they had given all the facts in 30th June letter.

Legal question - have I got any grounds to only pay up to 9th August??? If so, what wording can I use in my email (am on holiday so can't do letter).
Finally as they split the government funding over 12 months for full time children can I ask for fee adj for Aug?

OP posts:
Joh66 · 27/07/2019 10:44

What does the contract say, exact wording please?

Joh66 · 27/07/2019 10:50

I think something called promissory estoppel could be used here. You relied on the information you were given or information that was implied that the nursery would be open. And, you relied on that to your detriment. As such you would not have to give the notice. I would simply inform them that as worded above, and that you will not require their services after 9th August and amend your payments accordingly. I doubt they will pursue you, and if they do, promissory estoppel is a well known and established defence to contractual disputes. You'll be fine.

Joh66 · 27/07/2019 10:51

Re the fee funding, what are the terms of the fee funding? Can you cut and paste here?

Muddlingalongalone · 27/07/2019 15:19

Thank you - will send an email for now and then follow up with a letter once I get home & have exact contract.

OP posts:
daisydoooo · 27/07/2019 15:40

This reply has been deleted

Message withdrawn at poster's request.

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