Evicting tenants without a tenancy agreement.
It is probably more common than you may expect for landlords to find themselves without a tenancy contract / agreement for a short-hold tenancy. Although landlords often start with the best intentions for many reasons they may find themselves unable to produce a signed copy of the contract. This could either be because one party never signed the contract, or because the original copy was lost over time.
There is a legal recourse for this problem though, if you find that you do not have a tenancy agreement and your tenants are causing you problems which warrant their eviction. Despite the lack of tenancy agreement we are still able to find a quick and legal eviction solution for you, without you having to resort to taking actions, which might not be lawful.
Tenant Evictions are well experienced with dealing with tenant evictions when no tenancy agreement is available - and this does not affect the speed or effectiveness of our service. Evicting tenants without a tenancy agreement is not at all uncommon and is certainly not an issue for our eviction team.
- Firstly, try and talk to the tenant. Explain the seriousness of the matter and that if they do not leave within a certain number of days, they you will be starting a formal eviction process. This can in some cases be enough to solve the problem - so it is always worth a try first.
- If however the tenant persistently chooses to avoid you, and give countless excuses as to why you cannot leave your property, then a legal process should be swiftly initiated. At this point, you should contact us and we will be able to provide a fixed fee eviction service on your behalf.
- We can deal with the eviction process on your behalf in the event that you do not have tenants who will co-operate with you, as many landlords do not feel comfortable discussing these matters directly with the tenant.
Tenant Evictions UK often get asked by landlords "can you evict a tenant without a lease" and "how can I evict a tenant without a lease". The short answer is YES.
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Reasons for evicting tenants with no tenancy contract
It could be that the tenant has not paid the rent, or has damaged the property. The living arrangement could have been informal and so there may have been no tenancy agreement in place, for example if the tenant was previously a friend or partner.
Don’t worry if you do not have a written agreement - a tenancy agreement exists by the fact that the property is rented out. A verbal agreement is also important. This means that there are legal options, even without a written tenancy agreement.
Important advice - please read
Under no circumstances be drawn in to a bitter row with your tenant(s), however annoyed you may be (or how much rent is outstanding), it is important that you remain calm and act reasonable. Harassing your tenant(s) could land you with a £10,000 fine. Our eviction service removes you from this situation by dealing directly with the court and tenants on your behalf - Request free advice.
Tenant Evictions can help landlords evict tenants without a lease
- The first thing we ask is - Was there a lease signed at the time the tenancy started? It is important to understand whether an old lease / contract was signed (regardless of how long ago this was) or if there was simply no formal written agreement ever in place. Just because a landlord in not in possession of a tenancy agreement or lease - it does not mean one doesn't exist. It could be that the landlord lost their copy of the contract (but the tenant still has a copy), or it could be that there was never a signed contract (and therefore neither part has a contract for the tenancy).
- If it is the case the landlord wants to evict a tenant without a tenancy agreement or lease and they have never originally signed an agreement then as long as it can be proved that money has been paid in exchange for the rental property then this in facts creates a tenancy, and ending such tenancy is subject to the same usual rules as ending a tenancy which did have a formal contract / lease.
- If the landlord did originally have a tenancy agreement, which has now expired, the tenancy will still exist, and the terms unless otherwise agreed, will remain the same - however the tenancy period will now be classed as a periodic tenancy which renews automatically in accordance with the rental payment frequency.
- The Notice of Seeking Possession is a legal process covered by Section 8 of The Housing Act 1988. This is often given to tenants who owe more than 2 months rent. Tenant-Evictions.co.uk can advise you on what to do if you are considering serving this notice.
- Whilst the landlord has a legal recourse without a written agreement, it is expected that there is a reasonable, legitimate grounds for eviction as per any eviction.
- What About The Tenant Rights? Obviously, the tenants are not going to be happy to receive an eviction notice and can often find reasons why they do not believe the eviction is fair, or where they believe there is something wrong with the property.
- Some tenants will still refuse to leave, even after a court order, but we will employ bailiffs if this is the case.
Tenant-Evictions.co.uk can deal with the issues for you, making sure that there is a quick eviction and that you get your property back, efficiently.
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