We would always recommend having a written tenancy agreement in place, but a tenancy can still exist without one. Both the landlord and tenant retain rights and obligations even if nothing has been formally documented. Here is how eviction works when there is no written agreement to rely on.
Is a tenancy valid without a written agreement?
A tenancy does not need to be in writing to be legally recognised. If a tenant pays rent, has exclusive use of the property and the arrangement resembles a typical landlord–tenant relationship, an assured shorthold tenancy is usually formed by conduct. This informal agreement still carries legal weight, even though the exact terms may be harder to evidence.
Obligations for landlords and tenants
The absence of a written agreement does not remove the basic duties owed on both sides. Tenants remain responsible for paying rent, looking after the property and complying with statutory obligations. Landlords must still provide a safe home, comply with deposit rules if a deposit was taken and allow the tenant quiet enjoyment of the property. These mutual rights and duties apply regardless of whether the agreement was ever formalised in writing.
Can I evict a tenant without a written agreement?
Yes, but it can be more challenging. Without a written agreement, it can be harder to prove the terms of the tenancy or the grounds on which you are seeking possession. Disputes about rent, notice periods or tenancy start dates are more common, and this uncertainty can lead to delays. Clear records of rent payments and communication can help strengthen your position if the matter goes to court.
Eviction process in the absence of a written agreement
Even without formal paperwork, eviction must still follow the correct legal route. The grounds you use and the notice you serve depend on the circumstances of the case.
Section 8
A Section 8 notice can be used if the tenant has breached the tenancy, such as falling into arrears or committing anti-social behaviour. The process involves identifying the appropriate statutory grounds for possession and then issuing the correct notice. If the tenant does not leave, the next step is to apply to court for a possession order. Because the details of the tenancy may be less clear without a written agreement, landlords often benefit from legal advice to ensure the notice is valid and the evidence is presented correctly.
Section 21
A Section 21 notice relies on the existence of a valid written assured shorthold tenancy and compliance with specific legal requirements. Without a written agreement, these conditions cannot be met, so a Section 21 eviction is not available. In practice, this means you must rely on Section 8 if you need to regain possession.
Summing up
A tenancy can still exist without anything being put in writing, and both parties retain key rights and responsibilities. Eviction is possible, but without clear terms to refer to, the process can be more complex and open to challenge. Section 8 is normally the only route available in these circumstances, and legal guidance can help ensure the notice is issued correctly and your case is supported by the right evidence. If you need advice on evicting a tenant without a written agreement, speak to a specialist solicitor who can guide you through the next steps.