Your Rights as a Tenant Without a Written Contract

If you are paying rent to live in a property but never signed a written tenancy agreement, you still have a legally binding tenancy. In England, a tenancy does not need to be in writing to be valid.

A verbal (or oral) tenancy agreement is created when:

• You agreed to rent the property (even just by saying "yes" or nodding)
• The landlord accepted you as a tenant
• You are paying rent
• You have exclusive possession of the property (your own space that the landlord cannot use)

The main difficulty with a verbal agreement is proving what was agreed. Without a written record, disputes about rent amounts, notice periods, or responsibilities become your word against your landlord's. This is why keeping records is so important, which we cover below.

If you have lived in the property for any period and paid rent, the law will generally recognise that a tenancy exists. The type of tenancy will depend on the circumstances, but in most cases you will have an assured shorthold tenancy (or, under the Renters' Rights Act 2025, a periodic tenancy).

Even without a written agreement, certain terms are implied into every tenancy by statute. Your landlord cannot opt out of these:

Landlord's repair obligations (Landlord and Tenant Act 1985, s.11)

• Keep the structure and exterior in repair (roof, walls, foundations, gutters, external pipes)
• Keep installations for water, gas, electricity, sanitation, and heating in repair and working order
• Keep communal areas in repair (in blocks of flats)

Deposit protection (Housing Act 2004)

• Protect your deposit in a government-approved scheme within 30 days
• Provide prescribed information about the scheme
• Failure to comply means they cannot evict you and you can claim 1-3x compensation

Gas, electrical, and fire safety

• Annual gas safety check and certificate
• 5-yearly electrical inspection and report
• Smoke alarms on every floor; carbon monoxide alarms where required

Right to quiet enjoyment

• The landlord cannot interfere with your peaceful use of the property
• At least 24 hours notice before visiting

Fitness for habitation (Homes (Fitness for Human Habitation) Act 2018)

• The property must be fit to live in throughout the tenancy
• If it is not, you can take your landlord to court

Protection from eviction (Protection from Eviction Act 1977)

• Your landlord cannot evict you without a court order
• Harassment and illegal eviction are criminal offences

These rights apply regardless of what any written agreement says, and they certainly apply when there is no written agreement at all.

Without a written contract, you are still entitled to:

• A habitable property: Free from serious hazards, with working heating, hot water, and sanitation
• Deposit protection: If you paid a deposit, it must be protected. If it was not, you can claim compensation.
• Proper eviction procedure: Your landlord must obtain a court order to evict you. They cannot simply change the locks or ask you to leave.
• Reasonable notice: If your landlord wants you to leave, they must give you proper notice. For a periodic tenancy (which is what most verbal agreements create), this is at least 2 months under the new rules.
• Repairs: Your landlord is responsible for structural repairs, heating, plumbing, and electrical systems regardless of any agreement.
• Safety certificates: Gas, electrical, and EPC certificates must be provided.
• The How to Rent guide: Your landlord must give you the government's How to Rent booklet.

The main thing you lose without a written agreement is clarity. Disputes about what was agreed are harder to resolve. But your core statutory rights are identical to those of a tenant with a 50-page contract.

If you need to prove your tenancy exists (for example, to your council, a court, or for benefits), gather:

• Bank statements: Showing regular rent payments to the landlord
• Rent receipts: If your landlord gave you any
• Text messages, emails, or WhatsApp messages: Any communication referencing you as a tenant, the rent amount, or the property
• Utility bills: In your name at the property address
• Council tax records: Showing you as the liable person at the address
• Electoral register: If you registered to vote at the address
• Post: Letters addressed to you at the property
• Witness statements: From neighbours, friends, or family who can confirm you live there

The more evidence you have, the stronger your position. Even if you only have one or two of these, combined with the fact that you live at the property, it will usually be sufficient to establish that a tenancy exists.

If you are currently renting without a written agreement, ask your landlord to put the terms in writing. If they refuse, write a letter yourself setting out the terms as you understand them and send it to your landlord. If they do not dispute it, this becomes useful evidence of the agreed terms.

Yes. While a verbal agreement is legally valid, a written agreement protects both parties. Here is why:

• Clarity: Both sides know exactly what was agreed (rent, notice periods, responsibilities)
• Evidence: If a dispute arises, a written document is much easier to enforce
• Benefits: Some housing-related benefits require a written tenancy agreement
• Mortgage applications: If you later need to prove your housing costs, a written agreement helps
• Deposit disputes: The terms of the tenancy are relevant to deposit adjudication

Your landlord is required to provide you with a written statement of the main terms of your tenancy if you request one. Under the Renters' Rights Act 2025, landlords must provide a written tenancy agreement for all new tenancies.

If your landlord refuses to provide a written agreement, this is a red flag. Consider contacting Citizens Advice or Shelter for guidance, and make sure to document all the terms you have agreed verbally through your own correspondence.