Are Verbal Tenancy Agreements Legal in England?

If you’ve moved into a rental without signing a written contract, you might wonder where you stand. In England, it's not uncommon for landlords and renters to form agreements through conversations or messages. But is a verbal tenancy agreement legally binding—and what do you do if issues arise? Here, we explain your rights, how the law applies, and what practical steps you can take if your tenancy is based on a spoken agreement.

What Is a Verbal Tenancy Agreement?

A verbal tenancy agreement is an arrangement between a landlord and tenant that isn’t put into writing, but is agreed upon through spoken conversation (sometimes supported by texts or emails). This is often how informal renting starts, especially with friends or family. However, it’s important to know that the law recognises these arrangements as contracts, even without paperwork.

Are Verbal Tenancy Agreements Legally Binding?

Yes, in England, a verbal tenancy agreement can be legally valid and enforceable. This means that both you and your landlord have legal rights and responsibilities, just as you would with a written agreement. The main law that governs most private tenancies in England is the Housing Act 1988¹.

Most renters in England have an ‘assured shorthold tenancy’ (AST), which will exist whether the agreement is written or spoken. As soon as you move in and start paying rent, your tenancy rights typically begin¹.

Potential Problems with Verbal Agreements

While verbal agreements are legal, they do come with risks. Without a written record, it can be much harder to prove exactly what was agreed between you and your landlord. This can make resolving disputes—such as over the notice period, rent increases, or repairs—more difficult.

• Disagreements about terms: If you disagree on rent, responsibilities, or how much notice is needed to leave, it’s your word against theirs.
• Proving your tenancy: If you need to claim Housing Benefit or challenge an eviction, it helps to have evidence of your rights.
• Section 21 or 8 notices: Your landlord can still serve these official eviction notices, but you may need evidence (like rent payments or texts) to defend your position.

Can You Ask for a Written Agreement?

Yes, you have the right to request a written statement of the main terms from your landlord. In fact, if your tenancy started or was renewed on or after 28 February 1997, your landlord must provide these terms in writing within 28 days if asked. This does not need to be a full contract, but must include details such as:

• The date the tenancy started
• The rent and when it is due
• Any rent review arrangements
• The length of any fixed term

How Do You Prove a Verbal Tenancy?

If you need to prove your tenancy status for council tax, benefits, or in court, you can use:

• Bank statements or receipts showing rent payments
• Text messages, emails, or letters confirming your agreement or ongoing tenancy
• Utility bills in your name at the address

Official bodies and the First-tier Tribunal (Property Chamber) may accept this evidence if there is a dispute.

Key Legal Forms You May Encounter

• Form 6A – Notice seeking possession: Used by landlords giving notice under Section 21 to end an assured shorthold tenancy (even verbal ones). Learn about Form 6A. For example, if your landlord asks you to leave and serves this notice, you can check that it has been completed and served correctly.
• Form 3 – Notice of seeking possession: For ‘Section 8’ notices if the landlord wants to evict due to rent arrears or other grounds. More about Form 3. For instance, if you are in rent arrears and the landlord wishes to repossess, this form will be used.
• Tenancy Deposit Protection (TDP) Information: Even with a verbal tenancy, your deposit (if taken) must be placed in a government-approved scheme, and you should receive ‘prescribed information’ within 30 days. Check deposit protection rules.

Your Rights as a Renter—Even Without a Written Contract

As a tenant, you have important rights under the Housing Act 1988. This includes:

• Right to at least 24 hours' written notice before landlord visits
• Protection against unfair eviction
• Right to a safe, habitable property
• Deposit protection (if paid)

If your landlord tries to evict you or increase rent unfairly, you can challenge this—even without a written contract—through the relevant tribunal or by contacting your local council’s housing team.

What’s the Official Tribunal for Tenancy Disputes?

In England, most disputes about rent increases, tenancy terms, and some types of evictions are handled by the First-tier Tribunal (Property Chamber).

1. Is a verbal tenancy agreement legal in England?
   Yes. Verbal agreements are legally binding in England as long as there is a clear agreement for you to live in the property and pay rent, even if nothing is signed.
2. Can I be evicted if there is no written tenancy?
   Yes, your landlord can evict you following the correct legal process and notice periods—even with a verbal agreement. Make sure you’re served properly with notices such as Form 6A (Section 21) or Form 3 (Section 8) if eviction is sought.
3. What if my landlord refuses to give me anything in writing?
   You can request a written statement of your tenancy terms by writing to them. They must reply within 28 days if your tenancy is an assured shorthold tenancy. Document your request and keep any responses.
4. Can I get my deposit back if my agreement was only verbal?
   Yes. If your landlord took a deposit (money held against potential damage or unpaid rent), it must be protected in a government-backed scheme regardless of whether your agreement was written or spoken.
5. How can I prove my rights if things go wrong?
   Gather bank statements, emails, texts, or utility bills showing you live there and pay rent. These will help if you need to prove your tenancy to the council, courts, or tribunal.

Conclusion: Key Things to Remember

• Verbal tenancy agreements are legal and enforceable in England, but lack the clarity of written contracts.
• You still have legal rights, including over eviction, repairs, and deposit protection.
• If you’re unsure, seek written terms and keep records or evidence of your tenancy and communications.

Stay aware and seek official help if you run into difficulties, especially with rent increases or eviction threats.

Need Help? Resources for Renters

• Private Renting: Your Rights and Responsibilities (gov.uk)
• First-tier Tribunal (Property Chamber) - for tenancy disputes
• Citizens Advice: Renting Privately (free impartial advice)
• Find Your Local Council (for local housing queries)

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1. Housing Act 1988 (legislation.gov.uk)

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