How to evict family member without a tenancy agreement?
Hi Everyone, I need to evict a tenant/family member. I’ve served a section 21, but I am seeing conflicting information online.
Some say you can evict using section 21 without a tenancy agreement then others say you can use section 21 but not an accelerated procedure and would need to be N5 form and others say I would need to have grounds for eviction.
However, I don’t have grounds as their rent is always on time. the N5 form seems to be about arrears or some other grounds.
Does anyone have any experience with this on where I stand?
The reason there’s no tenancy agreement is that it’s a family member, but I need to sell so I need them out?
Many thanks
Jason
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Member Since January 2020 - Comments: 559
10:14 AM, 2nd October 2024, About 2 years ago
Three’s no legal requirement for a tenancy agreement to be in writing, but in order to use s21 you must have done the pre-commencement compliance – gas check, EICR, etc. Deposit (if any) must have been protected and prescribed information passed over. Have you done all of these things? If not, then you can’t use s21.
Member Since April 2024 - Comments: 94
11:10 AM, 2nd October 2024, About 2 years ago
Evicting a family member without a tenancy agreement can be complicated. A Section 21 notice usually needs a formal agreement to work. Since you don’t have that, you may need to use the N5 form, but that typically requires grounds like rent arrears, which you don’t have.
Since it’s family, it might be best to have an honest conversation about why you need them to move out to sell the house. If that doesn’t work, consider talking to a lawyer for advice on your next steps
Member Since December 2023 - Comments: 1582
2:50 PM, 2nd October 2024, About 2 years ago
If they paid rent, you have an ‘assumed’ AST.
Speak to an eviction specialist.
Member Since January 2024 - Comments: 13
10:29 AM, 3rd October 2024, About 2 years ago
You can evict under a S21 without a written agreement but you won’t be able to use the ‘accelerated’ route. In other words you will need to go to a hearing. Provide a witness statement for the judge to explain the circumstances, but as per the other comments, if you don’t have the required deregulation documents, you won’t be able to use a S21 at all.
Member Since October 2020 - Comments: 1171
2:17 PM, 3rd October 2024, About 2 years ago
Check the validity of any s21 you serve here first:
https://nearlylegal.co.uk/section-21-flowchart/