Tenants Without A Written Contract

I got a call earlier from a friend of mine; she explained to me that her landlord has requested for her to vacate his property by Saturday (4 days away). They had a dispute over the payment of rent.

She was in a panic because finding a reasonably priced place to rent in London with in 4 days is a mission impossible. She then explained how she had no written contract with her landlord, just a piece of paper declaring that she has paid a deposit, consequently she assumed she had no rights as a tenant. WRONG!!!

Firstly, a landlord or tenant that doesn’t have a written contract is an idiot. Written contracts are there for your utmost protection. I would question any tenant or landlord that doesn’t require a written contract. In my opinion it just triggers off a signal, “DODGY BASTARD”

There is no legal difference between a written or a verbal contract. In law a contract is a contract. BUT, if there is a dispute it clearly helps to have something in writing in order to verify what was agreed.

As soon as a landlord agrees to allow someone to rent his or her property and takes payment, a verbal contract is formed. So this whole, “get out of my property with in 3 days” rant won’t fly I’m afraid.

The fact someone does not have a written tenancy agreement does not affect a tenant’s legal rights. A landlord will still need to serve either a section 8 or 21 to evict a tenant, which takes at least 14 days AFTER the tenant receives it. In fact, there is no difference in procedure for evicting a tenant that hasn’t got a written contract than someone who has one, according to the law.

A tenant is entitled to stay in the property until evicted by a court bailiff (or High Court sheriff) acting under the authority of a court order for possession. If a tenant is evicted any other way then this renders the landlord liable to a claim for compensation for unlawful eviction.

Even if a tenant with no written contract is simply unhappy about the condition of the property, they still have rights. They can always speak to the Housing Officer at their Local Authority. They can arrange for the property to be inspected and for an improvement notice to be served on the landlord if the property does not meet the proper standards.

In conclusion, verbal contracts are just as binding as written contracts.

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Talk / 16 Comments left so far

Badger wrote this on 2007-07-25 11:58:12 Very good advice thank you. 1

Rod Thomas wrote this on 2007-08-12 19:50:03 Good Article and some good advice, although I don't know if a forceful landlord would see it this way. 2

stacey wrote this on 2008-12-21 18:13:25 hi there,
was just wondering, does this apply to the whole of the E.U am in cyprus and our landlord has asked us to leave before xmas and we have no contract!
If you could let me know that would be great thanks
x 3

The Landlord wrote this on 2008-12-21 21:16:43 Hey Stacey,
Unfortunately, I have no idea about the laws in Cyprus.
I only have knowledge which covers England & Wales.

Sorry =/ 4

Ros wrote this on 2009-01-30 14:06:28 I have a related question and would love advice. I rent a flat to 3 people without a contract (will sort that out having read this) and 2 of them want the 3rd tenant to move out as they are becoming increasingly unstable and difficult to live with, (flying off the handle and being verbally abusive without warning etc)

What is the best way to ask her leave and with what time frame? Do I have to give her chance to mend her ways first or can I just ask her to be gone in say 2 month's time? What happens then if she hasn't moved out within the stated time? Thanks for any advice. 5

The Landlord wrote this on 2009-01-30 14:37:17 Hey Ros,

Have you made a verbal agreement on how long she is permitted to stay for? Or is it a "whatever happens, happens" kind of agreement?

Give her 2 months written warning (server a section 21). She can obviously leave before if she wants to.

It's tricky because you don't have a tenancy agreement.

Kind regards 6

Ros wrote this on 2009-01-30 14:46:04 No agreement on her length of stay. When you say 2 months written warning if she behaved for that time could we not get her out after the 8 weeks? Problem being she will likely revert back to old ways after that and then we'd be back where we started. Or is the warning a notice to be out by 8 weeks? 7

The Landlord wrote this on 2009-01-30 14:59:24 The thing is, you're not "evicting" her, you're just asking her to leave.

So you have to serve a section 21, which gives her 8 weeks to leave.

If she doesn't leave after that, you'll have to serve a section 8, which is an eviction notice. 8

Donna wrote this on 2009-07-10 12:12:57 Hi, I wondered if you can offer some advise. I have a tenant who has move a women and her two children into my property without asking my permission. Is he allowed to do this? I dont mind but would have like to have been asked first. Where do i stand legally with regards to other people occupying the property that are not named on the tenancy agreement?
Thanks in advance. 9

Donna wrote this on 2009-07-10 12:59:39 p.s i didnt mean to post this comment under this article, doh. I do have a AST with the tanant - i used the one downloaded from this website.
Many thanks. 10

Faith wrote this on 2009-09-03 00:54:44 I gave my tenant a contract to sign, but the tenant did not sign. Due to the economy aprox. 3 months later I had to make the decision to sell. I informed my tenant 6 weeks prior to placing the property on the market. I allowed her to stay for the last 30 days with no charge for rent...the tenant still wants the damage deposit....Am I required to give her the damage deposit? I did not request for her to move, she had made the decision to move as she didn't want to stay in a "For Sale" property? I live in Canada. I want to be fair, and do what is right; but I feel that I've been more than fair! 11

Nono wrote this on 2009-11-07 16:01:08 Im renting a property from an agent and have a contract but i allowed a person to come live with me and we did not get on but she paid no deposit. She left with all her other things but left a £5k piano and left with my keys. There is no written contract between me and the person and I can change the locks.
What to do, can she come back and sue me for her property and how long can I keep it for? Can she do anything? 12

twattybollocks wrote this on 2009-11-07 21:34:26 You made you bed and now have to lie in it!!

Your own fault sorry!

TB 13

James wrote this on 2010-03-02 12:54:45 Hi im in abit of a dilemma and wud appreciate sum advice. My gf is havin our baby in 6 days and yesterday we had a letter sent by landlord sayin they wnt her out because she has a dog however i dnt think this is the real reason Only a few weeks ago we had enviromental health up cos theres no heatin wot so ever the windows dnt shut and other probs aswell. The thing is the old tenancy agreement ran out months ago last year sumtime and they havnt produced a new one or got her to sign nythin new i wud appreciate sum advice or to know where we stand thanks 14

martin wrote this on 2010-07-17 08:57:41 my land lady has eviting under section 21 so we have got two monthes but do i have to give her written noitce of when we want to leave i have been told we dont as it is her who is evicting us 15

Sharon wrote this on 2010-08-04 23:33:03 Hi, hope you can help. I was left my mother's house 2 years ago when she passed away, in grief I stupidly rented it out to a friends son and his girlfriend, I prepared all the contract but they never signed it and returned it to me. I have on many occasions asked for this but have had no response. They have now stopped paying the rent, missed one month and no doubt will miss this. The boy's mum was a guarantor to them. I have been in the house once since to fix an electrical problem and it is in a disgusting state, doors knocked off etc. Please help! 16

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