Rent and Credit > Can I be evicted without a tenancy agreement?

Can I be evicted without a tenancy agreement?

Wollit Team3 minute read · Updated 16th September 2024

In the UK, your landlord cannot simply evict you. You are protected by the law even if no formal written agreement exists. The law that protects you is called The Protection from Eviction Act 1977, and it keeps you safe from being evicted without due process.

This means that your landlord must follow specific legal procedures to evict you, regardless of whether you signed a tenancy agreement or not.

What is a tenancy agreement?

A tenancy agreement is a contract between a landlord and a tenant that spells out the terms and conditions of renting a property.

It usually includes details like the duration of the tenancy, the rent amount, who will be responsible for maintenance and repairs, and what the notice period for termination is.

Despite the fact that written agreements are the most common, it’s also perfectly legal to have a simple verbal agreement. However, while a verbal agreement is legally binding in the UK, it does come with the challenge of proving the actual terms. You’ll often need witnesses or you’ll have to default to the minimum protection given to you by the law.

What rights do I have without a written tenancy agreement?

Even without a written tenancy agreement, you still have statutory rights as a tenant. These include things like:

Right to a Safe and Habitable Home: Landlords have to make sure that the property is safe, has running water, heating, and is well-maintained.
Right to Privacy: You have the right to enjoy your home without interference from the landlord. They can’t barge in uninvited.
Protection from Harassment: Landlords cannot harass you or attempt to evict you without following the legal process.

What kind of notice of eviction can my landlord give me?

The kind of notice your landlord can give depends on what kind of tenancy you have – and of course, on whether you have a written agreement or not.

The usual kind is a Section 21 Notice. This notice is used to end an Assured Shorthold Tenancy (AST) at the end of its term. The AST is a very common kind of tenancy in the UK – check if you’re on it.

This notice requires a minimum period of at least two months. However, if there is no written tenancy agreement, the landlord cannot serve you this notice straight away.

The second kind is called a Section 8 Notice. This notice can be used when you’ve breached the terms of your tenancy, like failing to pay rent or running an Airbnb from your flat.

Landlords must provide specific grounds for eviction, and this notice can be served even without a written agreement.

What happens after the landlord serves me a notice of eviction?

Evicting a tenant without a written tenancy agreement involves several steps.

First of all, your landlord must serve you a notice that has to be properly formatted and include all necessary information to be valid.

After this, if you haven’t left the property, the landlord may file a claim for possession in the county court. This process can be lengthy, and you can contest the decision. You can challenge an eviction if you believe that it is unjust or if proper procedures were not followed. You can argue, for example, that the landlord didn’t give you adequate notice or that the grounds for eviction are unfounded. Best to seek legal advice here.

If the court is satisfied with the landlord's case, a possession order will be granted. If you still refuse to leave, the landlord can bring bailiffs to enforce the order.

Can an eviction impact my credit score?

No – being evicted won’t harm your credit score. However, the way you get evicted can have an impact. For example, if you still owe money to the landlord and they take you to court, it will be shown on your credit report.

Also, if you chose to report your rent payments to the credit reference agencies to build your credit file, being evicted can create a gap in your rental history. The good news is that this won’t impact your credit score either, although it potentially could in the future – credit agencies are looking at ways to include rent in your credit score calculation.

The best thing to do for your credit score, really, is to work on your credit history. Just because you have something like an eviction in your past doesn’t mean that you should give up on your credit score.

In fact, there are many apps nowadays that can help you build, repair, and improve your credit score. One such app is Wollit.

Wollit works by reporting a fixed-fee monthly subscription as a loan repayment to all credit reference agencies. This helps you build a history of timely debt repayments, which is the main factor that matters for your credit score.

And when you move to a new place, resume reporting rent to your credit report. Wollit, for example, can report your monthly rent payment to Experian. This can add another line in your credit report that shows lenders you pay your bills on time and help you make the most of your rent while you prepare to become a landlord yourself.