What is the legal position when you are a landlord renting a property without a contract?
legal
Rich DW asked:


I am renting a seperate flat and never got round to having a contract signed by the tennant. 3 months have now passed, and the tennant is causing issues, in terms of noise. I am trying to understand the legal position if I want them out, and who has a stronger position without a contract?
(I’m interested in the position under UK law)
And what would the legal position be if they refused to leave?

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Posted Tue, Jan 27th, 2009. Listed under: Featured. Tagged as: .

4 Comments

  1. MLaw says:

    If you want them out, you do. Terminate the lease & tell them good bye.

  2. estielmo says:

    Stronger position?

    They don’t have a lease, you simply give them a Thirty Day Notice to Vacate. No reason needed.

  3. ZCT says:

    You can simply ask them to leave. It’s your property. The issue arises if they choose not to leave. Then you start to run into problems.

    The fact that you would rent out a flat without a contract is astonishingly ill advised. In this day and age I can’t imagine why anyone would put themselves at such risk.

  4. Classy Granny says:

    In the US lease or no lease all you need to do is give them 30 days notice. No need to give a reason. If they don’t leave you file through the courts. Tenants will end up paying court cost.

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