How To Evict A Tenant Without A Tenancy Agreement

A tenancy agreement sets out the rights and obligations of the tenant and landlord and makes it much easier to regulate a tenancy, including eviction.

Some tenancies may not have a written tenancy agreement, but it is always worth checking the records to search for a copy just in case one exists. It’s worth the effort. A tenancy agreement makes evicting a tenant much easier.

If the tenant has claimed housing benefits, the local authority may have a copy of the agreement they are willing to share.

A landlord can serve a Section 21 Notice in the absence of a written tenancy agreement and in accordance with the Housing Act 1988. This must expire after the agreed fixed term. If no minimum term has been agreed upon, the default is six months.

The Section 21 Notice expires two months after service, at which point the landlord can commence a claim for possession in the county court if the tenant has not vacated the property.

The accelerated paper-based claim route is unavailable in cases with no tenancy agreement. The claim will be categorised as non-accelerated, and a hearing will be required.

Witness statements are necessary before the hearing to confirm the background to the tenancy and explain why there is no written agreement, either because no copy is available or because one was never drafted in the first place.

If the judge is satisfied with the case, a possession order will be made. The usual court process will follow if the tenant does not leave the property by the date ordered by the court.

With a lack of written evidence to support a tenancy arrangement, a solicitor must evaluate each situation individually. Care should be taken to ensure any Section 21 Notice is valid and complies with all the regulations surrounding service.