Landlords across England and Wales occasionally find themselves in situations where a tenant occupies a property without any formal written tenancy agreement. While this may seem like a straightforward reason to seek possession, the law protects tenants based on conduct and occupancy—not merely documentation. Evicting a tenant without a signed tenancy agreement requires a strategic, legally compliant approach that respects both the occupant’s rights and the landlord’s position.
At Blackstone Solicitors, we specialise in landlord and tenant law, advising property owners on their rights and remedies when facing informal or undocumented tenancy arrangements. This article explores the legal framework and practical steps involved in evicting a tenant when no tenancy agreement exists.
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Does a Tenancy Exist Without an Agreement?
Yes. Under the law of England and Wales, a tenancy can be formed without a written agreement. It may arise through verbal consent, regular payment of rent, or even mere occupation with the landlord’s knowledge. The absence of paperwork does not necessarily mean the occupant lacks rights—or that the landlord has unfettered power to evict.
Common Types of Informal Tenancy:
- Verbal Tenancy: Terms agreed orally between landlord and tenant.
- Implied Tenancy: Created by conduct—e.g. paying rent and occupying over time.
- Licence to Occupy: A personal permission, typically without exclusive possession.
- Excluded Licence: Often applies to lodgers living with the landlord.
- Tenancy at Will: Occupancy granted without defined terms or rent regularity.
Determining the nature of the arrangement is crucial, as it defines the legal process available to evict the occupant.
Legal Protections for Occupants
Tenants—even those without written agreements—benefit from statutory protections under various housing laws. The most relevant statutes include:
- Housing Act 1988: Governs assured and assured shorthold tenancies.
- Protection from Eviction Act 1977: Prohibits eviction without due process.
- Landlord and Tenant Act 1985: Imposes maintenance and repair obligations.
These laws require landlords to follow specific procedures when terminating occupancy. Unlawful eviction—such as changing locks or intimidation—can result in criminal prosecution and civil liability.
Step-by-Step Guide to Lawful Eviction
Evicting a tenant without a tenancy agreement must be approached based on the type of tenancy and applicable legal route.
Step 1: Confirm the Nature of the Occupancy
Establish:
- Is the occupant a tenant or a licensee?
- Do they have exclusive possession?
- Has rent been paid, and for how long?
- Was the occupancy for a fixed term or periodic?
Legal classification will guide which notice and court process must be used.
Step 2: Serve Appropriate Notice
If the occupant is deemed a tenant under an Assured Shorthold Tenancy (AST):
- Section 21 Notice: No-fault eviction, requires minimum two months’ notice (subject to compliance with deposit protection and other conditions).
- Section 8 Notice: Eviction based on breach (e.g. rent arrears), requires specific grounds and variable notice periods.
If the occupant is a licensee or lodger, a shorter notice period may be used, and possession may be gained more swiftly.
Where no clear tenancy type exists, and possession is disputed, legal advice should be sought before proceeding.
Step 3: Court Proceedings (if required)
If the tenant fails to vacate after notice expiry:
- File a claim for possession in the county court.
- Provide evidence of occupancy, notice served, and grounds for possession.
- Attend hearings and comply with directions.
Where rent is in arrears or other breaches exist, claims for arrears and costs can be included.
Step 4: Enforcement of Possession Order
If the court grants a possession order and the tenant still refuses to leave:
- Apply for a warrant of possession
- County Court bailiffs attend to enforce eviction
- Landlord regains possession lawfully
Eviction must never be undertaken personally by the landlord or through unlawful means.
Challenges and Considerations
Evicting a tenant without a written agreement presents several legal and practical challenges:
Proving the Tenancy
With no agreement, proving the existence and terms of the tenancy relies on:
- Rent receipts or bank statements
- Text messages, emails, or verbal agreements
- Witness statements from neighbours or agents
Courts will examine conduct to establish the relationship and legal standing.
Deposit Protection Compliance
If a deposit was taken, it must be:
- Protected in an approved tenancy deposit scheme
- Accompanied by prescribed information issued to the tenant
Failure to comply invalidates Section 21 notices and may expose the landlord to penalties of up to three times the deposit amount.
Reasonableness and Proportionality
Courts consider whether the eviction is reasonable—particularly where vulnerable tenants, children, or long-standing occupancies are involved.
Landlords must act fairly, keep detailed records, and seek advice before issuing notice.
Legal Remedies and Alternatives
In complex cases, alternative routes may be considered:
Negotiated Surrender
- Engage with tenant to agree a mutual termination of tenancy
- Draft a deed of surrender to document the arrangement
- Avoids court proceedings and delays
Mediation
- Use third-party mediators to resolve disputes
- Often used in relationship breakdowns or long-term tenancies
Accelerated Possession Procedure
- Available for ASTs where no breach is claimed
- Faster route to possession where all documents are in order
Blackstone Solicitors represents landlords in all eviction proceedings, preparing paperwork, attending court, and advising on lawful enforcement.
Preventative Measures for Future Tenancies
To avoid complications, landlords should:
- Always draft a written tenancy agreement
- Protect deposits lawfully and issue prescribed information
- Record rent payments and communications clearly
- Use referencing and credit checks before letting
- Keep copies of all correspondence and notices
Robust documentation protects both parties and supports lawful enforcement if problems arise.
Final Thoughts
Evicting a tenant without a tenancy agreement requires a delicate balance of legal precision and procedural compliance. While the absence of a written contract does not strip the occupant of rights, it does place a greater evidential burden on the landlord. A structured, well-advised process is essential to avoid unlawful eviction claims, delays, or reputational harm.
At Blackstone Solicitors, we assist landlords across England and Wales with eviction advice, tenancy dispute resolution, and possession proceedings. Our team ensures compliance with housing law and provides practical guidance tailored to each case, helping clients regain control of their property safely and effectively.
How we can help
We have a proven track-record of helping clients deal with tenant evictions. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
Deciding when (or whether) to incorporate, what kind of ownership
How to Contact Our Residential Property Solicitors
It is important for you to be well informed about the issues and possible implications of evicting a tenant. However, expert legal support is crucial in terms of ensuring a positive outcome to your purchase.
To speak to a member of our New Enquiries Team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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