No written T/Agreement

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    No written T/Agreement

    Hello and thanks to those around here who are kind enough to let others benefit from their knowledge and experience.

    I have a tenant who is refusing to move out on the date that a (correctly served) S21 notice specifies.

    (He also happens to be 4 months behind on rent but I thought it might be simpler to just serve a S21 and give him the 2 months notice as it is now a periodic tenancy)

    Very stupidly, because the tenant used to be my lodger (until I moved out) we have never had a written tenancy agreement. This is a mistake I will certainly never make again.

    His tenancy started in 2004 and I have been advised by a solicitor that it is an AST. Nevertheless I'm concerned about the ramifications of not having a written T/Agreement in the event that I have to take legal action to evict him.

    Is this likely to cause problems or significant delays?
    If I understand my initial research, it will mean that I can't go down the N5B route as that requires a copy of the TA to be submitted.

    Any other thoughts or insights would be very gratefully received.

    #2
    Not having a written AST, means it's likely you have an oral AST, and will have to use form N5; in which case there will be a court hearing. Ensure you have all relevant paperwork, e.g. any proof of the tenancy, copy of s.21 and proof of service, etc.

    In any case, under the 'acclelerated' procedure (form N5B; which is used if you have all paperwork, e.g. AST, deposit protection if applicable, etc.) it's not particlularly fast to obtain a possession order; approx. 3 months from date of s.21 service, if defendant does not raise a defence -longer if (s)he does and there's a court hearing.
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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      #3
      One thing you might want to add to the documents you present - a schedule of rental payments by your tenant, including dates and the method of payment. Your bank statements should be able to support this.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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