No Tenancy Agreement
“I don’t have a tenancy agreement”
If you don’t have a tenancy agreement you will still have certain rights. Your landlord will usually be able to end your tenancy by giving you the correct amount of notice.
Whether you or the landlord want to end the tenancy the correct legal procedure must be observed. Either you or the landlord must serve a Notice to Quit on the other party in writing, including a date on which the notice will expire.
The amount of notice you are entitled to depends on how long you’ve lived in the property:
- If you have been in the property for less than 5 years you must get at least 4 weeks’ notice.
- If you’ve lived in the property for more than 5 years but less than 10 you are entitled to 8 weeks’ notice.
- If you’ve lived in the property for more than 10 years, you are entitled to 12 weeks’ notice.
The purpose of the Notice to Quit is to inform you of the landlord’s intention to recover possession of the property. Normally, a tenant will leave at the end of this notice period. However, if, for any reason, you are unable to move at the end of the notice period, the landlord must apply to the court for a possession order. The landlord cannot change the locks in the property or force you to vacate.
If the landlord has not served a proper Notice to Quit, the court will not make an order for possession.
If your tenancy began on or after 1 April 2007 and you do not have a tenancy agreement your tenancy will last for six months. After these six months and if there is no subsequent agreement, the tenancy will be known as a periodic tenancy in that it runs from month to month. Your landlord will be expected to look after any repairs that fall under the default repairing obligations.
Where a tenancy agreement is vague about who is responsible for repairs, default repairing obligations will usually apply. Additional information about who is responsible for repairs is usually contained in your tenancy agreement.