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. 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 – Even without a signed agreement, a tenancy may still exist and be subject to the RRA 2025.
• Eviction without a tenancy agreement will involve a court hearing and witness statements.
• If as well as not providing a tenancy agreement the landlord has not not provided the written statement required under the RRA 2025, a financial penalty of £7,000 may be imposed on the landlord.
• 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. 
• 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 notice under the RRA 2025 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 or RRA 2025 and you must then serve the appropriate notice.

What happens if there is no tenancy agreement?

If there is no written tenancy agreement, the tenancy still operates under statutory rules. 

How do you evict a tenant without a tenancy agreement?

To evict, the landlord must serve the correct notice, wait for the notice period to expire, and then apply for a possession order in the county court. This will require 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.

Will the landlord face a penalty?

Almost certainly, under the RRA 2025 it is a mandatory requirement to serve a written statement of the key terms of the tenancy and having failed to do so they may face a complaint by the tenant to the local council and a fine of up to £7,000.