Question

Deposits and Tenancy Deposit Schemes (England) | Landlord Wants Tenant to Leave (England) | Prescribed Information (England) | Preventing Controlling and Recovering Rent Arrears (England) | Tenancy Agreements (England)

No written tenancy agreement – what evidence needed to prove tenancy exists?

6 Dec 2016 | 3 comments

Briefly, tenants have moved into property with landlord’s verbal agreement – tenants have until now refused to sign a tenancy agreement and consistently late paying rent, not yet paid a deposit now landlord wants them out ASAP. Obviously notice needs to be served but in the absence of a written agreement what evidence would be needed to serve a valid notice that a tenancy exists? If it cannot be proven a tenancy exists, can we treat these people as squatters?

Answer

3 Comments

  1. guildy

    The fact there is no agreement doesn’t make that much difference to possession. The occupiers are still assured shorthold tenants regardless and the usual rules apply.

    The only difference is that the landlord will not be able to use the accelerated possession procedure when it gets to the court stage.

    From what’s described, it will be the section 21 2 months notice. However, please follow our wizard which will determine the appropriate notice. There is also guidance on extra optional steps where the tenancy is not evidenced in writing.

  2. JungleProperty

    Thank you – as the tenancy started early October 2016 it looks like we need to issue:

    Section 48
    Statement of terms
    How to rent guide
    EPC
    Gas Safety Record

    Then after 4 months have expired serve Section 21 using prescribed form.

Submit a Comment

View your previously asked questions. (Will only show questions from August 2020)

(Link above back to topic only works for questions added after end of August 2020)