verbal notice

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  • verbal notice

    hi

    if anyone can settle this argument

    tenant has given verbal notice of intention to move out on the 19th april to landlord and letting agent

    can the landlord automatically take back possesion on this date and change locks etc legally

    or

    if tenant is still there does he have to back off and go through the courts with section notices

    any help appreciated

  • #2
    The law is clear. Unless accommodation is shared with the landlord as set out in the Protection From Eviction Act 1977, when a residential property is occupied a court order is required to eject the occupier whether a tenant or not. In any event a verbal (i.e. not in writing) notice to quit is invalid.

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    • #3
      Originally posted by carterowl View Post
      hi

      tenant has given verbal notice of intention to move out on the 19th april to landlord and letting agent
      Is this date the end of the fixed term? If so T does not need to give notice and provided T had removed all their posessions and given the keys back, the tenancy is for intent and purpose terminated otherwise as already stated notices would need to be provided

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      • #4
        no contract is on periodic
        landlord accepted verbal notice so has not bothered with legal proceedings but in hindsight looks like tenant has used it just to delay things as she has not intention of moving out by the date but he has been informed by council that he can go in and change the locks as verbal notice was given by the tenant !!!!

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        • #5
          Originally posted by carterowl View Post
          no contract is on periodic
          landlord accepted verbal notice so has not bothered with legal proceedings but in hindsight looks like tenant has used it just to delay things as she has not intention of moving out by the date but he has been informed by council that he can go in and change the locks as verbal notice was given by the tenant !!!!
          Very wrong I am afraid, the only way to terminate a tenancy and therefore remove T is with a court order following a section 8 or section 21 notice proceeding and only the court appointed ballif is authorised to do so.

          Any action by the LL that does not follow this process is unlawful eviction which is a criminal offence

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          • #6
            Originally posted by carterowl View Post
            no contract is on periodic
            landlord accepted verbal notice so has not bothered with legal proceedings but in hindsight looks like tenant has used it just to delay things as she has not intention of moving out by the date but he has been informed by council that he can go in and change the locks as verbal notice was given by the tenant !!!!
            I think we should be told which council this is which is handing out advice which if followed could land a LL in prison.which i
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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