Informal tenancy – can I safely wait before serving formal notice?

Formal notice document beside a question mark, illustrating uncertainty over tenancy notice and possession rules in England.
9:27 AM, 8th October 2026, 48 minutes ago 1

Hello everyone, I’m looking for advice about an informal tenancy and whether I can safely wait before serving a formal notice on a property I own in England.

In February 2026, I allowed a friend and her husband to move into my property. My understanding was that this would be very temporary, initially perhaps a few weeks and at most a couple of months, while they were between properties and waiting to move into their new home.

There was no written tenancy agreement, and I did not take a deposit. They have been paying rent and covering the bills. The arrangement was entirely informal.

Their intended house purchase subsequently fell through, and I agreed to let them remain in the property while they sorted things out.

In August 2026, I told my friend that I was considering putting the property on the market. At that point I had not decided on a date for them to leave; I was simply letting them know that I was considering selling.

There was then a discussion about how they might remain in the property for 12 months from the start of the tenancy, together with a proposal that they should have first refusal to buy the property and pay six months’ rent in advance. I did not agree to any of these proposals and subsequently confirmed in writing that I had not agreed to a change to our existing arrangements, a right of first refusal or six months’ rent in advance.

More recently, I spoke to my friend about when they would be able to leave. I told her that I would like them to leave once they had been in the property for 12 months, allowing the appropriate notice period. She said that they would leave by that date. I documented our conversation in an email, but I have not served a formal notice.

I would prefer not to serve a formal notice at this stage if I can avoid it. I would like to give my friend the opportunity to honour what she agreed to, rather than immediately turning the situation into a formal landlord-and-tenant dispute. However, I also don’t want to put myself in a significantly worse legal position by waiting.

My questions are:

– If my friend voluntarily leaves by the date we discussed, is there any problem with continuing informally and not serving a formal notice now?
– If I don’t serve formal notice now and they subsequently change their minds, what would my position be?
– Can I safely wait until later in the year and, if there is no indication that they are making arrangements to move, serve a Ground 1A notice at that point? In particular, would there still be sufficient time to give the required four months’ notice and obtain possession after the 12-month protected period?
– Is there any advantage or disadvantage to serving the Ground 1A notice now, other than the fact that it would make the situation much more formal? I am particularly interested in whether serving now would protect me in a way that I could not achieve by waiting.
– Given that the tenancy began informally in February 2026, there is no written tenancy agreement and no deposit was taken, is there anything I should be doing now to regularise the position?
– If I ultimately need to use Ground 1A because I intend to sell the property, what should I be doing now to make sure I comply with all the requirements?

I would be very grateful for any advice from landlords or legal professionals familiar with the new rules.

Thank you.

Concerned landlord


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  • Member Since June 2013 - Comments: 242 - Articles: 49

    10:14 AM, 8th October 2026, About 35 seconds ago

    I am afraid there is no such thing as an “informal tenancy”. If they are living in the property as their home and paying rent, they will almost certainly have an assured periodic tenancy, even though there is no written agreement.

    If they refuse to leave, you will need to use the proper possession procedure and obtain a possession order. Ground 1A may be available if you genuinely intend to sell, but there are restrictions and timing rules, so I would take advice before serving notice.

    You should probably take advice on the whole situation. My Landlord Law service https://landlordlaw.co.uk/ has detailed guidance for landlords on managing tenancies and recovering possession.


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