Eviction with No Tenancy Agreement

Eviction with No Tenancy Agreement: Know Your Rights

In recent years, the housing crisis has led to an increase in people living in properties without formal tenancy agreements. This can happen for a variety of reasons, such as subletting or renting from a friend or family member. However, when disputes arise between the occupant and the landlord, it can be difficult to navigate what rights the occupant has, especially when it comes to eviction.

If you are living in a property with no tenancy agreement, it is important to know your legal rights. Below are some key things to keep in mind:

Occupation rights

Even though you may not have a tenancy agreement, you still have rights as an occupant. The law recognizes two types of occupation rights: license or tenancy. If you have exclusive possession of the property (meaning that the landlord cannot enter without your permission), then you likely have a tenancy. If you have a license, you do not have exclusive possession and can be evicted more easily.

If you are unsure what type of occupation rights you have, it is important to seek legal advice.

Notice of eviction

If your landlord wants to evict you, they must give you notice. The amount of notice required will depend on the type of occupation rights you have. If you have a tenancy, the landlord must give you at least two months’ notice. If you have a license, they may be able to give you a shorter notice period.

It is important to note that the notice must be in writing and include specific information, such as the reason for the eviction and the date by which you must leave.

Court order

If you do not leave the property by the deadline in the notice, your landlord cannot simply change the locks or physically force you out. Instead, they must obtain a court order and have a bailiff enforce the eviction. This process can take several weeks and can only be done during certain times of the day.

If your landlord tries to evict you without a court order, they are breaking the law and you may be able to take legal action.

Appeal

If you receive notice of eviction, you may be able to appeal it. This will depend on the reason for the eviction and your specific circumstances. For example, if you have been living in the property for a long time or have children living with you, this may affect your appeal options.

It is important to seek legal advice if you want to appeal an eviction notice.

Final thoughts

Living in a property without a tenancy agreement can be risky, as you may not have the same legal protections as a formal tenant. However, you still have rights as an occupant and cannot be evicted without proper notice and a court order.

If you are facing eviction with no tenancy agreement, it is important to seek legal advice and know your options. With the right support, you can work towards a fair resolution and protect your rights as an occupant.

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