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carterowl
14-04-2010, 12:52 PM
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

Lawcruncher
14-04-2010, 13:02 PM
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.

matthew_henson
14-04-2010, 13:17 PM
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

carterowl
14-04-2010, 14:10 PM
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 !!!!

matthew_henson
14-04-2010, 14:35 PM
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

mind the gap
14-04-2010, 14:37 PM
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 !!!!

:eek: 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