You have basic rights as a tenant which your landlord cannot take away, even if you don't have a tenancy agreement.

If your tenancy began before 1 April 2007, your landlord can evict you by serving the appropriate amount of written notice. The length of the notice period depends on how long you've lived in the property

If your tenancy began after April 1 2007 and you don't have a tenancy agreement you will have an automatic six month tenancy - afterwards your landlord can evict you by serving the appropriate amount of written notice. The length of the notice period depends on how long you've lived in the property.

You will have more basic rights if you are a protected tenant.

• Basic rights for all tenants
• Rights if you are a protected tenant
• Repairing obligations:

Basic rights for all tenants

If you don't have a tenancy agreement you will have the basic rights available to all tenants:

• right to a rent book
• freedom from harassment and illegal eviction
• your landlord must go to court to evict you
• at least 28 days' notice to quit in writing.

Your landlord ensure that the accommodation is suitable when you move in. You may also be able to get help to get your home repaired after you have moved in.

Your landlord can evict you by giving you the appropriate amount of written notice.  The amount of notice required depends on how long you've lived in the property. Get advice if you are having problems with your landlord but you don't have a tenancy agreement.

If your tenancy began after 1 April 2007, you will also have the following rights if you do not have a tenancy agreement:

• right to a tenancy statement,
• right to certain repairs,
• right to a tenancy term of six months.

Back to top

Rights if you are a protected tenant

If you don't have a tenancy agreement you have the basic rights of all tenants. Protected tenants also have extra rights which are protected by the law:

• you may be able to pass the tenancy on to a partner or someone who has been living with you for at least six months,
• it is harder for your landlord to evict you,
• your landlord can only charge a certain amount of rent.

The law also states that the landlord must carry out certain types of repairs if there is no tenancy agreement.

Back to top

Repairing obligations:

If your tenancy began after 1 April 2007 and there is no tenancy agreement, certain repairing obligations apply to the landlord and the tenant. This means that the landlord is generally responsible for the property overall such as the structure and exterior of the property. Amongst other responsibilities, the tenant is required to take proper care of the premises and repair any damage caused by themselves or persons lawfully living or visiting the premises.

Back to top