Renting without a written tenancy agreement: do you still have rights?

Many tenants have never been given a written tenancy agreement. Some landlords never issue one. Others issue verbal arrangements, shake-hands deals, or simply start taking rent without any paperwork. If this describes you, you may be worried that you have no legal protections.

You do. In most cases, not having a written agreement does not strip you of your rights as a tenant.

An oral tenancy is still a tenancy

In English and Welsh law, a tenancy can be created without a written document. If you pay rent and your landlord accepts it in exchange for exclusive use of a property, a tenancy almost certainly exists. The courts look at the substance of the arrangement, not whether there is paperwork.

An oral tenancy of less than 3 years is perfectly valid in law and does not need to be in writing. Most ordinary residential tenancies fall into this category.

What type of tenancy do you have?

Without a written agreement, the type of tenancy you have depends on the circumstances. In most cases where a private landlord has let a property to you since 1997, you will have an assured shorthold tenancy (AST), even without documentation.

An AST is the default tenancy type for residential lettings. You have full AST rights including:

• Protection from eviction without proper notice and court proceedings
• The right to request repairs under Section 11 of the Landlord and Tenant Act 1985
• Deposit protection rights
• Protection from retaliatory eviction for reporting repairs

What your landlord must give you by law

Even without a full written tenancy agreement, your landlord has legal obligations to provide certain information:

• A gas safety certificate (if there is gas in the property)
• An EPC (Energy Performance Certificate)
• The government's "How to Rent" guide (for private AST tenants)
• Deposit protection details (if a deposit was taken), the landlord must protect the deposit in a government-backed scheme within 30 days and give you the Prescribed Information

Failure to provide the How to Rent guide or deposit Prescribed Information limits the landlord's ability to serve a valid Section 21 notice.

Your right to repairs without a written agreement

Your right to repairs under Section 11 of the Landlord and Tenant Act 1985 does not depend on a written tenancy agreement. The duty is implied into tenancies by law. It covers:

• The structure and exterior of the building
• The heating and hot water systems
• Sanitation and drainage
• Gas and electrical supplies

You can report disrepair and, if your landlord ignores you, pursue a claim, regardless of whether you have a written agreement.

The problem with no written agreement: what to be aware of

While you have rights without a written agreement, the absence of one does create practical challenges:

• Proving the terms of the tenancy: Without a written agreement, disputes about rent, who is responsible for what, and the length of the tenancy are harder to resolve. Evidence of bank payments, text messages, and emails becomes important.
• Proving when the tenancy started: The limitation period for disrepair claims runs from when the landlord had notice of the problem. Having evidence of when you moved in and when you first reported issues matters.
• Possession proceedings: The landlord may find it harder to use Section 21 if they have not provided the required documentation, which may actually benefit you.

Gathering evidence when you have no written agreement

Because you lack the documentation that other tenants have, it is important to create and preserve other records:

• Keep screenshots or records of every bank payment for rent
• Keep all text messages, WhatsApp messages, and emails between you and your landlord
• Keep a copy of any messages about repairs
• Note who else knows about your occupancy (neighbours, anyone who has visited)
• Keep any letters or documents addressed to you at the property

What if your landlord claims you are not a tenant?

Some landlords try to claim that a person without a written agreement is a "lodger" or "guest" without rights. This is often wrong. If you have exclusive possession of the property (meaning the landlord cannot enter whenever they like), pay a regular amount, and the arrangement has the character of a tenancy, the courts are likely to find you are a tenant regardless of what the landlord calls it, this principle comes from the House of Lords case Street v Mountford (1985).

If a landlord tries to evict you without a court order claiming you have no rights, this may be an illegal eviction, which is a criminal offence under the Protection from Eviction Act 1977.

When should I contact Support for Tenants?

If you are renting without a written agreement and your home has disrepair, call us on 0800 030 4669. You almost certainly have rights, let us help you use them.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. If you don't win, you pay nothing.

Sources

• Section 11, Landlord and Tenant Act 1985 (legislation.gov.uk)
• Housing Act 1988 (legislation.gov.uk)
• Protection from Eviction Act 1977 (legislation.gov.uk)

Related articles

• Assured tenancy vs assured shorthold tenancy
• What is Section 11?
• Can I be evicted for complaining?
• Landlord harassment and illegal eviction
• What evidence do I need?