As a landlord, it is important to be familiar with the legal procedures involved in ending a tenancy agreement. One of the most common ways for landlords to end an assured shorthold tenancy in England and Wales is to serve a Section 21 notice. However, what happens if there is no tenancy agreement in place?
A Section 21 notice is a legal document that allows landlords to evict tenants without providing a reason. It is commonly used when a landlord wants to regain possession of the property at the end of a fixed-term tenancy agreement or during a periodic tenancy. However, serving a Section 21 notice without a tenancy agreement in place can be complicated and requires careful attention to the legal requirements.
If there is no tenancy agreement, it is highly recommended that landlords seek legal advice before serving a Section 21 notice. They will need to be able to prove that the tenant was living in the property and paying rent, even without a tenancy agreement. This can be done by providing evidence such as bank statements, utility bills, or other documents that show a financial connection between the landlord and tenant.
In order to serve a Section 21 notice, landlords must also ensure that they have complied with their legal obligations, such as providing the tenant with a valid gas safety certificate, an energy performance certificate, and the government’s How to Rent guide. Failure to do so may make the Section 21 notice invalid.
If all legal requirements are met, landlords can serve a Section 21 notice to the tenant. The notice must be in writing and give the tenant at least two months’ notice to vacate the property. It is important to note that the notice cannot expire before the end of the fixed term of the tenancy. If the tenant does not vacate the property after the notice expires, the landlord can apply to the court for a possession order.
Overall, serving a Section 21 notice without a tenancy agreement in place can be a complex process. Landlords need to ensure that they have sufficient evidence to prove the tenancy existed and complied with their legal obligations. Seeking legal advice is highly recommended to ensure that the process is carried out correctly and avoid any potential legal issues.
