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  • Legal FAQs

    Evicting Tenant Without a Tenancy Agreement

    Hello

    I have a tenant who is now 3+ months in arrears so I need to evict. Problem is I don't have a copy of the tenancy agreement. The tenant was originally found by a letting agent who then went bust. The liquidator told me at the time that the directors had binned all paperwork so he couldn't provide me with copies. The other properties I had with the agent were all let on ASTs but I don't think that helps me.

    I was planning to go the s21/accelerated possession route but I've read that I need the tenancy agreement to do that. What is the best way forward?

    Thank you

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    Hello Andy, Unfortunately you would require a copy of the AST as evidence if you wish to use the Accelerated possession route.

    It just means we have to carry out the Eviction using the conventional route and securing a hearing at the local county court.

    (*Moderator note:  Contact details removed as advertising products and services via discussions is against the Terms and Conditions of use*).

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    Andy, I can't answer your specific question, but a couple of things came to mind ...

    If you haven't got copies of the agreements with any of the properties let by the LA who went bust, then I suggest you ask each tenant for their copy and make a copy for yourself.

    What has happened to the tenants' deposits?  Were they secured by you or the LA?


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    This is a hassle but not a major problem.

    There have been rent payments so you have evidence of what the agreed rent was.

    You will need to have a strong witness statement and give evidence about the situation but there is nothing to stop you serving a section 8 notice and using the traditional possession proceedings route to get your property back.

    As others have said, you should check the deposit etc as well.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Surely it is common sense to have all copies of agreements , deposit notices etc  if an agent does it for you. I would also use it to check up that the agent is doing things in the proper manor. Just in case things happen and they do, as in this example.

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