Is it possible to have a verbal tenancy?

This is never advisable but yes it is possible [s54 Law of Property Act 1925]

53.- Instruments required to be in writing.

(1) Subject to the provision hereinafter contained with respect to the creation of interests in land by parol-

(a) no interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, or by his agent thereunto lawfully authorised in writing, or by will, or by operation of law;

54.- Creation of interests in land by parol.

(1) …

(2) Nothing in the foregoing provisions of this Part of this Act shall affect the creation by parol of leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without taking a fine.

A lease for three years or less at the best rent which can reasonably be obtained without taking a fine may be in writing or parol (verbal)as the parties please. [See Ryley v Hicks (1713) 1 Str. 651; Bolton(Lord) v Tomlin (1836) 5 A. & E. 856; Wright v Macadam [1949] 2 K.B. 744.] A lease for more than three years from the making [Rawlins v Turner (1699) 1 Ld.Raym.736; Kushner v Law Society [1952] 1 K.B. 264.]must be by deed (and in writing). This includes a lease granted for a term exceeding three years, but determinable within three years. [Kushner v Law Society, ante.]

Will a tenancy made by parol (verbal) be an assured shorthold tenancy?

This will depend on the date the tenancy was granted. ... Please login or signup to continue reading this content

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