Verbal tenancy agreement

Hannahc1990x

Hello All

Just trying to get a little more advice really. I have read that a verbal tenancy is legally binding in England and that I would have to be evicted either via a section 21 or section 8. 

My partner recently moved out and I took over the tenancy as he was the sole tenant. The landlord said I could stay for now as long as I pay rent but he needed the house back soon as he is looking to sell. I have paid my first months rent and I am looking for somewhere else. This was all agreed in a phone call and a couple of messages on WhatsApp, nothing in writing in the sense of an actual tenancy. 

I just want to know that, because I am paying rent and he has agreed to let me stay, that he would actually have to legally evict me through a section, the courts etc etc? I am hoping it doesn’t come to that and will pay rent until I find somewhere however, easier said than done at the moment. 

Thanks for any advice. 

Monsternextdoor

Get something in writing to back you up and for peace of mind.

How likely is he to evict if you are still paying the rent ? 

Hannahc1990x

I can ask him but I don’t think he will as I know he is eager to sell the house on. 

I think he would try and evict me with or without rent. I have two house viewings next week but I’m struggling due to bad credit, no guarantor and not having 6 months or so rent upfront. 

theartfullodger

A verbal tenancy is entirely legal in England, you need nothing on paper.  Just make sure you have proof of occupation and of paying rent (ie no paying in cash with no receipt).  Other countries are more sensible.

V V likely any s21 would be invalid due to none of the required paperwork having been sorted..

Stupid landlord: Good luck!

Artful: Landlord since 2000

pinkshoes

Hannahc1990x said:

Hello All

Just trying to get a little more advice really. I have read that a verbal tenancy is legally binding in England and that I would have to be evicted either via a section 21 or section 8. 

My partner recently moved out and I took over the tenancy as he was the sole tenant. The landlord said I could stay for now as long as I pay rent but he needed the house back soon as he is looking to sell. I have paid my first months rent and I am looking for somewhere else. This was all agreed in a phone call and a couple of messages on WhatsApp, nothing in writing in the sense of an actual tenancy. 

I just want to know that, because I am paying rent and he has agreed to let me stay, that he would actually have to legally evict me through a section, the courts etc etc? I am hoping it doesn’t come to that and will pay rent until I find somewhere however, easier said than done at the moment. 

Thanks for any advice. 

By accepting a rental payment from you he has verbally agreed a contract so cannot just evict you.

If you are looking for somewhere else then you also don't want a fixed 6 month period.

Make sure you keep the messages should the LL try and evict you illegally, but also look for somewhere else ASAP.

Hannahc1990x

Thank you everyone for the advice. I paid the rent via bank transfer stating it was for rent and the address. How would I prove occupation? I have applied on the council website for the council tax here so just waiting to hear back on that. 

I am looking almost every day but just don’t want to have to worry that he can turn up and throw me out whilst I am doing so. 

Monsternextdoor

Hannahc1990x said:

Thank you everyone for the advice. I paid the rent via bank transfer stating it was for rent and the address. How would I prove occupation? I have applied on the council website for the council tax here so just waiting to hear back on that. 

I am looking almost every day but just don’t want to have to worry that he can turn up and throw me out whilst I am doing so. 

The cannot just kick you out without notice and utility bills prove occupancy.

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/coronavirus-covid-19-guidance-for-landlords-and-tenants

AdrianC

He owns house.
He does not live in house.
You live in house.
You pay him money to live in house.

AST. Legally protected.

Hannahc1990x

Thank you again everyone. 

pbartlett

As far as I am aware, all tenancies in England are verbal.

theartfullodger

pbartlett said:

As far as I am aware, all tenancies in England are verbal.

But usually also on paper, signed: Very wise to have that if (as tenant or landlord) there is a later dispute about what was agreed:  How would you prove what was agreed with a verbal tenancy, please?

With verbal tenancies, they (usually) ain't worth the paper they're printed on...