How To Evict a Tenant Without a Tenancy Agreement?

On 28 October 2025 the long awaited Renters Rights Act 2025 (‘the Act’) received Royal Assent meaning it is now law. This includes very significant changes for landlords and tenants including changes to tenant rights, deposits, notices and eviction processes amongst others. At present the Act has not yet come into force however this is anticipated fairly soon. For now landlords can continue to use the existing processes and should serve notices and issue claims promptly wherever possible to take advantage of the time period before the Act is fully implemented. When the Act is fully implemented it will no longer be possible to pursue possession claims via the accelerated possession route as this will no longer exist. Section 21 notices are being abolished. Existing court forms will be changing. For the current position on this see our blog here. This legislation includes numerous changes designed to alter the relationship between landlords and tenants, aimed at giving tenants greater security of tenure. Landlords should ensure you remain up to date on the legislation to avoid later difficulties. Contact our team if you need assistance and we will be happy to help.

Key Takeaways

• – A tenant can be evicted without a written tenancy agreement by serving a Section 21 or Section 8 Notice.
• – Even without a signed agreement, a tenancy may still exist and be subject to the Housing Act 1988.
• – Eviction without a tenancy agreement requires a non-accelerated possession claim, which involves a court hearing and witness statements.
• – Landlords must ensure any Section 21 Notice is properly served and legally valid, especially in the absence of written tenancy documentation.

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. Landlords can evict a tenant without a written agreement by serving a Section 21 or Section 8 Notice and applying for a Possession Order, which can be a lengthy process requiring legal grounds to be proven. 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.

FAQs

Can you evict a tenant without a tenancy agreement?

Yes. Even without a written tenancy agreement, a tenancy may still exist under the Housing Act 1988. Landlords can serve either a Section 21 or Section 8 Notice to begin the eviction process.

What happens if there is no tenancy agreement?

If there is no written tenancy agreement, the tenancy still operates under statutory rules. However, eviction is more complicated because landlords cannot use the accelerated possession process and will need to go through a full court hearing.

How do you evict a tenant without a tenancy agreement?

To evict, the landlord must serve a valid Section 21 or Section 8 Notice, wait for the notice period to expire, and then apply for a possession order in the county court. This is a non-accelerated process, which requires a hearing and witness statements explaining the absence of a written agreement.

Is eviction without a tenancy agreement valid?

Yes, eviction is possible, but the landlord must carefully follow the legal process. The court will require evidence such as witness statements to establish the tenancy terms. A solicitor’s advice is strongly recommended to ensure compliance.