A tenancy agreement is a cornerstone of the landlord-tenant relationship. It sets out the terms of occupation, rent obligations, and the rights and responsibilities of both parties. But what happens when a tenant refuses—or simply fails—to sign the agreement? At Blackstone Solicitors, we regularly advise landlords and tenants across England and Wales on how to navigate this complex and often misunderstood situation.
This article explores the legal status of unsigned tenancy agreements, the implications for both parties, and the practical steps landlords can take to protect their interests.
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What Is a Tenancy Agreement?
A tenancy agreement is a legally binding contract between a landlord and a tenant. It typically includes:
- The names of the parties
- The address of the property
- The start and end dates of the tenancy
- The rent amount and payment schedule
- Responsibilities for repairs and maintenance
- Rules regarding subletting, pets, and other conditions
While written agreements are strongly recommended, it is important to note that a tenancy can still exist without one.
Can a Tenancy Exist Without a Signed Agreement?
Yes. Under English and Welsh law, a tenancy can be created even if no formal written agreement is signed. This is particularly true if:
- The tenant has moved into the property
- Rent is being paid
- The landlord has accepted the tenant’s occupation
In such cases, the tenancy is likely to be considered an assured shorthold tenancy (AST), provided the legal criteria are met. The Law of Property Act 1925 and Housing Act 1988 support the notion that a tenancy can arise from conduct and verbal agreement, not just written documentation.
Legal Status of an Unsigned Tenancy Agreement
If a tenant has not signed the tenancy agreement, but has moved in and paid rent, the courts may still recognise the existence of a tenancy. The key factors are:
- Occupation: Has the tenant taken possession of the property?
- Rent: Is rent being paid and accepted?
- Intent: Was there a clear intention to create a tenancy?
In such cases, the unsigned agreement may still be used as evidence of the terms agreed upon, even if not formally executed.
Verbal Agreements and Implied Terms
Even without a signed document, certain terms are implied by law into every tenancy. These include:
- The landlord’s duty to maintain the structure and installations
- The tenant’s right to quiet enjoyment of the property
- The tenant’s obligation to pay rent and avoid damage
However, without a signed agreement, proving specific terms—such as notice periods or rent review clauses—can be difficult.
Risks for Landlords
Landlords face several risks when a tenant does not sign the tenancy agreement:
- Difficulty Enforcing Terms
Without a signed agreement, it may be harder to enforce terms such as:
- Rent due dates
- Restrictions on subletting or pets
- Break clauses or fixed-term durations
- Eviction Challenges
Landlords may struggle to use Section 21 notices (no-fault eviction) if statutory requirements—such as providing a written agreement, gas safety certificate, and “How to Rent” guide—have not been met.
- Disputes Over Rent or Deposit
If the tenant disputes the agreed rent or deposit terms, the lack of a signed agreement can make resolution more complex.
- Uncertainty Over Tenancy Type
Without a written agreement, it may be unclear whether the arrangement is an AST, a licence to occupy, or another form of tenancy.
Risks for Tenants
Tenants also face risks when they do not sign the tenancy agreement:
- Lack of Protection
Without a signed agreement, tenants may struggle to prove their rights—such as the right to occupy or the agreed rent amount.
- Vulnerability to Rent Increases
A written agreement often includes clauses limiting rent increases. Without one, tenants may be exposed to arbitrary changes.
- Deposit Disputes
Tenants may find it harder to recover their deposit if the terms of its protection are unclear or undocumented.
- Eviction Risk
Tenants without a signed agreement may be more vulnerable to eviction, especially if the landlord claims they are merely licensees.
Case Law and Legal Precedents
Courts have recognised tenancies based on conduct and verbal agreements. For example:
- If a tenant moves in and pays rent, a tenancy is likely to be implied.
- If rent is not paid and no agreement is signed, the tenant may be considered a licensee, which offers fewer protections.
However, each case is fact-specific, and outcomes depend on the evidence available.
Practical Steps for Landlords
To protect your position, consider the following:
- Do not hand over keys until the agreement is signed.
- Document all communications with the tenant, including emails and texts.
- Confirm rent payments and deposit terms in writing.
- Serve all required documents (e.g. gas safety certificate, EPC, “How to Rent” guide).
- Seek legal advice if the tenant refuses to sign or disputes the terms.
At Blackstone Solicitors, we can assist with drafting robust tenancy agreements and resolving disputes arising from unsigned contracts.
What If the Tenant Refuses to Sign?
If a tenant refuses to sign but has moved in and is paying rent, you may still have a valid tenancy. However, you should:
- Clarify the terms in writing, even if unsigned
- Avoid making verbal promises that could be misinterpreted
- Consider issuing a new agreement with updated terms
- Consult a solicitor to assess your legal position
If the tenant is in breach—such as failing to pay rent—you may still pursue eviction under Section 8, provided you have sufficient grounds.
How Blackstone Solicitors Can Help
We offer expert legal advice to landlords and tenants across England and Wales. Our services include:
- Drafting and reviewing tenancy agreements
- Advising on verbal and implied tenancies
- Resolving disputes over rent, deposits, and occupation
- Representing clients in possession proceedings
Whether you are a landlord seeking to protect your property or a tenant unsure of your rights, our experienced team is here to help.
Conclusion
A tenancy agreement not signed by the tenant presents legal and practical challenges—but it does not necessarily mean that no tenancy exists. The law recognises tenancies formed through conduct, and both landlords and tenants have statutory rights and obligations regardless of whether a document is signed.
At Blackstone Solicitors, we understand the nuances of landlord and tenant law and provide clear, practical guidance to ensure your interests are protected. If you are dealing with an unsigned tenancy agreement or any related issue, contact us today for expert support.
How to Contact Our Residential Property Solicitors
It is important for you to be well informed about the issues and possible implications of unsigned tenancy agreements. 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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