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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello Alex, how we in England proves oral agreement?

Resolved Question:

Hello Alex,

how we in England proves oral agreement?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

It is a matter of evidence.

Alex Watts :

The rules require when someone sues for breach of contract:

Alex Watts :

7.4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

How can my landlord that I gave oral testimony?
Must have witnesses?

Customer:

What contractual words should be used?

Customer:

have a verbal agreement or termination of the lease must be agreed to by both sides?

Alex Watts :

Yes he needs witnesses.

Alex Watts :

But if he is asking you to leave this MUST be in writing.

Customer:

termination of the lease which would give the tenant must therefore be written or may be verbal?

Alex Watts :

It should be written.

Customer:


Landlor wants me to quit my job, but he wants me to move elsewhere, but I disagree.
It can fire me on the street when my contract ends April 5, 2014 ACT 1988?

Alex Watts :

No. He MUST give you written notice

Alex Watts :

If you do not leave he MUST seek a Court Order to remove you.

Alex Watts :

That process can take several months.

Customer:

in what laws I can find everything related to everything that you advise me?
I would like to have as evidence for landlords

Alex Watts :

Section 21 Housing Act 1988

Alex Watts :

the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.

Alex Watts :

Can I clarify anything?

Customer:

and the fact that the notice must be in writing? it is what law?

Alex Watts :

That is what Section 21 says

Alex Watts :

Did you not read above:

Alex Watts :

the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.

Customer:

yes read it, but I did not understand where does it say that it must be in writing

Alex Watts :

It says YES it MUST be in writing

Customer:

What should I do if I move out on the street? or replace the locks on my apartment?

Alex Watts :

the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice [F2in writing] stating that he requires possession of the dwelling-house.

Customer:

sorry I see it

Alex Watts :

That is ok. I know it is hard to read.

Alex Watts :

But just remember Section 21 Housing Act 1988

Customer:

What should I do if I move out on the street? or replace the locks on my apartment?

Alex Watts :

They can't.

Alex Watts :

They MUST have a Court Order.

Alex Watts :

You can see the Council and they will PROSECUTE the Landlord

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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