Moving In Without a Lease in England: What Renters Need to Know

In England, many renters wonder whether it’s possible to move into a rental property without a formal lease or written tenancy agreement. If you find yourself in this situation—or if your landlord simply wants you to start renting with a handshake—it’s important to understand both your rights and the legal protections that apply, even without paperwork.

Your Legal Status Without a Written Lease

Legally, you can move into a property in England without a signed, written lease. By agreeing with your landlord to rent a property and start paying rent (even verbally), you create what's known as a "verbal" or "oral" tenancy. In most cases, this is considered an assured shorthold tenancy (AST) under the Housing Act 1988¹—the most common type of tenancy in England.

• Key Point: Your rights as a renter do not depend on having a written contract. English law still protects you.
• Your obligations (like paying rent on time) remain, even if nothing is in writing.

Your Rights and Protections

Even without a written agreement, landlords must follow the law. You have legal protections, including:

• The right to at least 24 hours’ notice before your landlord visits.
• Protection from illegal eviction—your landlord must follow proper procedures.
• A requirement for your landlord to protect any deposit in a government-approved scheme within 30 days. Learn more about tenancy deposit protection on GOV.UK.
• The right to a safe and habitable home.

However, not having things in writing can lead to misunderstandings or difficulties proving what was agreed if a dispute arises.

Important Legal Forms for Tenants Moving In Without a Lease

• Form 6A: Notice seeking possession of a property let on an AST²
  • When used: If a landlord wants to evict a tenant (including those without a written lease), Form 6A is used to give at least two months’ notice after the fixed term ends or during a periodic tenancy.
  • Practical example: If you’re renting with no written contract and your landlord asks you to leave, they must provide a properly completed Form 6A to start the legal process.
• How to Rent Guide
  • When used: By law, landlords in England must provide this official checklist to tenants starting a new tenancy, even if there is no written agreement.
  • Practical example: If you move in with a verbal agreement, ask your landlord for the latest How to Rent Guide. This guide explains your rights and what to expect.

What Is a “Periodic” or “Rolling” Tenancy?

Without a fixed-term written contract, your tenancy is usually called a periodic tenancy (sometimes "rolling tenancy"). This typically means your agreement runs from week-to-week or month-to-month, depending on how often you pay rent.

If you pay rent weekly or monthly and have no fixed end date, your tenancy likely operates as a periodic assured shorthold tenancy under law.¹

How to Protect Yourself When Moving In Without a Lease

• Keep written records of all communication and agreements (texts, emails, or dated notes).
• Document your rent payments (receipts, bank statements).
• Request your landlord’s contact information and the address for legal notices.
• Ask for a written summary of what you and your landlord have agreed, even if it’s informal.

What Happens If Things Go Wrong?

If you experience problems (for example, threats of eviction or loss of deposit), you may apply to the First-tier Tribunal (Property Chamber) for some disputes about deposits or responsibilities, but most issues (like eviction) are dealt with by the county court.³

• If you need to challenge an eviction, you’ll commonly use the county court process.
• Deposit disputes can be raised through your deposit protection scheme.

Action Steps for Renters

• Ask your landlord for a written agreement whenever possible—even a simple email summary helps.
• Ensure that your deposit is protected and you’ve received the prescribed information about it.
• Keep all proof of payments and any evidence of your tenancy (such as utility bills in your name).
• Know where to seek help if you experience unfair treatment.

By taking these steps, you can help protect your rights—regardless of whether you have a formal, written lease.

FAQs: Moving In Without a Lease in England

1. Is a verbal tenancy agreement legally binding in England?
   Yes, a verbal agreement is binding. Once you’ve agreed to rent, paid rent, and taken possession, your tenancy is protected by law—even without written paperwork.
2. Can my landlord evict me more easily if I don’t have a written contract?
   No. Landlords must still follow the correct legal process for eviction, including serving proper notice—usually with Form 6A for an assured shorthold tenancy.
3. How do I prove my rights as a tenant without a lease?
   Keep records such as rent payment receipts, utility bills, and any communication with your landlord. These help demonstrate your tenancy in case of a dispute.
4. What happens to my deposit if there’s no written agreement?
   By law, your landlord must protect your deposit in a government-approved scheme and provide you with the required information, regardless of a written contract.
5. Should I insist on a written tenancy agreement?
   While not strictly required, having a written contract protects both you and your landlord by clearly setting out the terms. It’s strongly recommended for peace of mind.

Need Help? Resources for Renters

• Private renting: Your rights and responsibilities (GOV.UK)
• Housing tribunals and court information
• Shelter England: Renting advice and support
• Citizens Advice: Renting privately
• For disputes: First-tier Tribunal (Property Chamber)

---

1. Housing Act 1988 – Full legislation text
2. Assured Tenancy forms (including Form 6A) – GOV.UK official forms
3. First-tier Tribunal (Property Chamber) – Residential Property Tribunal

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation