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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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What happens if I ignore a notice of eviction

Resolved Question:

What happens if I ignore a notice of eviction
Submitted: 9 months ago.
Category: Law
Expert:  propertylawyer replied 9 months ago.

Hi Tinotenda

Thank you for your question. My name is ***** ***** I will try to help you.

Please can you give my some further information.

Does this relate to residential or commercial property?

Who terminated, you or the landlord?

What type of agreement was in place?

Was it a commercial lease? Licence?

Have you been paying rent in the interim? Has the landlord accepted rent?

Please provide additional information so that I can help you.

Customer: replied 9 months ago.
I'm living in a house that I am supposed to buy but the period given expired and I'm still living in the property trying to raise deposit. Last year they gave me a verbal notice to vacate and I ignored it. Now they sent a written one and I have been paying rent monthly. Got no arreas . Still interested in the property. Shared ownership scheme. Kids going to local school. Plans are around this house.Land lord threatening all the time to evict me. Hands family tragedy andthedeposit I had built vanished now I'm building up again
Customer: replied 9 months ago.
Last year they refused to give me a new lease agreement so just been living here without an official lease. Now they sent me a written notice for s non written agreement
Expert:  propertylawyer replied 9 months ago.

Hi

thanks for the additional information.

i would say that the verbal notice was invalid. Notice to terminate the tenancy must be in the prescribed form (s.21 notice).

Therefore, it could be argued at the end of the initial fixed term the tenancy was not terminated as the verbal notice was invalid and therefore you are now in occupation under either a contractual periodic tenancy or a statutory periodic tenancy. Which of these will depend on the circumstances of the original letting and I cannot comment without having had sight of the tenancy agreement and full details/facts of the matter. Whichever applies, notice has to be given in the prescribed form - a formal s.21 notice. A letter may not suffice.

If you do not vacate at the end of the notice period the landlord can only evict you by going to court and get an order for possession. At court, the tenancy agreement and the landlord's notice will be considered and if held invalid it will not be granted an order for possession. However, this will not prevent the landlord serving a valid s.21 notice at a later date and going to court for a possession order to evict you if you ignore the valid s.21 notice.

I hope this helps.

Please accept/rate my reply.

Good luck and best wishes

Paul

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience: Property Solicitor with expertise in commercial and residential property transactions.
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