The most frequently asked asked from landlords wishing to evict there tenant is I don’t have a tenancy agreement with my tenant can i still evict?.
The answer depends when your tenancy commenced with your tenants. If the tenancy commenced after 28th of February 1997 than it comes under the Housing Act 1996. Which is very good news because under this Act you can have an oral tenancy meaning it does not need to be in writing.
Without a doubt all landlords should let a property by have a good up to date comprehensive tenancy in place.
What if the tenancy commenced before the 28th February 1997? good Questions. If the tenancy agreement commenced before 28th of February 1997 than you are in breach of the Housing Act 1988 which came into force 15th of January 1989.
This Housing Act 1988 requires landlords to give a written tenancy agreement to the tenants. This a landlord MUST do. (Before 28th of February 1997 this law is not applicable after 28th of February 1997).
Further before granting a tenancy a landlord Must serve a section 20 notice on the tenants. A section 20 notice is a warning to the tenants they are going to be entering into an Assured shorthold tenancy and a landlord has a right to terminate the tenancy after the fixed period.
please note the requirement to serve a section 20 notice on the tenants was dispensed with after 28th of February 1997. Also note a section 20 notice is not a section 21 notice they are totally different notices.
if you are still unsure as to your questions; I don’t have a tenancy agreement with my tenant can i still evict? then give our consultant a ring for free advice.