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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Background: I have lived in the current accommodation for

Customer Question

Background:
I have lived in the current accommodation for 30 years, but without a formal tenancy agreement.

The American landlord (half sister to my estranged husband), now wishes to sell the property and served a 30 day Notice to Quit, (backed by a notice of eviction), on 24 December 2013.
The Landlord has now drawn up a "Voluntary Move Out Agreement" which she is inviting me to sign. The agreement includes a financial relocation offer.
Although I would, in principle, sign a reasonable agreement, I am uncomfortable, and want to be sure of my legal position.
At the time of writing it would be extremely difficult to meet the move out deadline of 15 May, which is stipulated in the agreement, and as I only have a pension as my only source of income, I am finding it extremely difficult to find alternative accommodation so will need more time.

I would like to forward the 3 page "Voluntary Move Out Agreement", together with an Exhibit A - "Tenant's Notice of Voluntary Vacating Premises" for your legal opinion before committing myself.
There are paragraphs I do not understand, and would definitely need advice.

Yours
Janet
Submitted: 2 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Janet,

The landlord would need to go to court and obtain a possession order before you may be legally evicted from the property, a process which could take several months.

This is why she seems to be offering you a financial incentive to move out voluntarily so that she avoids the need of going to court and saves the costs of doing so.

You may negotiate a moving out date which you are comfortable with later than the proposed 15 May if you wish to accept the financial proposal and move out voluntarily. I suggest you set out here the wording which you do not understand.

You may leave a rating for the above and I will be happy to continue at no further cost.

Hope this helps
Customer: replied 2 years ago.

Thank you for the response, but unfortunately it is not very helpful, and does not address my concerns.


 


I am already aware of the eviction process, and would obviously like to avoid going down this route.


 


My question is whether a "Voluntary Move Out Agreement" is legal under UK law?


Also, what would my position be if I were to also sign up to this and the "Tenant's Notice of Voluntary Vacating Premises", both of which the Landlord requires me to sign, before releasing any relocation settlement.


 


Janet

Customer: replied 2 years ago.

Attachment: 2014-04-11_172409_move_out_agreement.pdf

Further to the above, please see the attached:

 

- "Voluntary Move Out Agreement", and the Exhibit A

- " Tenants Notice of Voluntary Vacating Premises"

 

Thank you

 

 

 

Customer: replied 2 years ago.
Relist: Incomplete answer.
The response was incomplete and did not address the concerns.
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Sorry, I had to,to offline.

I have looked at the Agreement and the exhibit A and the Agreement is legal under UK Law as it is a private agreement between you the tenant and the landlord.

It is entirely voluntary and you must only sign it if you are happy to do so, the Agreement is clear that your estate agent will be paid within 3 days of signature a sum of money and a further sum is to be paid when you move out. You need to clarify whether this sum will be paid directly to you or the agent.

If you do not agree to this, then you should not sign it in which case the landlord will need to go down the formal eviction route and you will not be entitled to any of the payments specified in this Agreement.

Hope this clarifies.

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