As a Bristol letting agent, having dealt with thousands of students over the last decade, I sometimes came up on dare I say calculating, the defaulting and the fleeing tenant, who said ‘well I didn’t sign a tenancy in the beginning, so I don’t have any obligations as a tenant’ Often this was through no fault of the agent.
Sadly for the said tenant, not signing an agreement does not exonerate you from your liabilities as a tenant. Its a myth, unfortunately for them. You can actually have a proper legal tenancy without there being any paperwork at all.
These are called oral tenancies, not to be advised or recommended to either the tenant or Landlord.
If you move into someone’s property, and start paying rent, you will most likely have a tenancy.
The reason it is a big no no for tenants and landlords alike is that often memories fade, and what was agreed verbal often get forgotten or misinterpreted. With no agreement, it’s not possible to use the accelerated possession procedure, if you should need to get rid of the tenant. Also for the tenant especially in uncertain economic times, if they need to apply for any form of benefit they will need a tenancy agreement.
So whether you are either a tenant or Landlord you are better off with a properly drafted agreement.
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