Tenancy without Agreement What Are My Rights

9th August 2023

Tenancy Without Agreement: What Are My Rights?

If you are living in a rented property, one of the most important things you need to know is your tenancy agreement. This document spells out the terms and conditions of your tenancy, including your rights and responsibilities as a tenant. However, what happens when you don`t have a tenancy agreement? Can you still enjoy the rights accorded to you as a tenant? Here, we take a closer look at tenancy without agreement and your rights as a tenant.

What is a tenancy without agreement?

A tenancy without agreement or an oral tenancy is a situation where a tenant occupies a rental property without a written agreement. In such cases, the landlord and tenant may have made an oral agreement, but there is no written document to back up the terms and conditions of the tenancy.

What are my rights as a tenant without an agreement?

As a tenant without an agreement, you still have the right to live in the rented property and enjoy the basic services and utilities provided by the landlord or agent. You also have the right to privacy and quiet enjoyment of your property, meaning that the landlord cannot interfere with your use and enjoyment of the property. Additionally, you have the right to a safe and habitable dwelling, meaning that the landlord needs to ensure that the property is free from defects or hazards that can harm your health or safety.

What are my responsibilities as a tenant without an agreement?

As a tenant without an agreement, you have the responsibility to pay rent on time and keep the property clean and in good condition. You also need to ensure that you don`t cause any damage to the property or engage in any illegal activities that can cause harm to the landlord or other tenants. Additionally, you need to comply with any reasonable requests made by the landlord or agent relating to the use and maintenance of the property.

How can I protect my rights as a tenant without an agreement?

While it`s possible to live in a rental property without an agreement, it`s always advisable to have a written tenancy agreement to protect your rights and interests. If you don`t have an agreement in place, you can still take certain steps to protect your rights, such as:

1. Keep a record of rent payments: Make sure you keep a record of all rent payments, including the amount paid, date, and method of payment.

2. Report any defects or hazards: If you notice any defects or hazards in the property, report them to the landlord or agent immediately, and keep a record of your correspondence.

3. Document any agreements made: If you make any agreements with the landlord or agent, such as repairs to the property, make sure you document them in writing to avoid any disputes later on.

4. Seek legal advice: If you`re unsure of your rights or feel that your rights have been violated, seek legal advice from a qualified lawyer or tenants` rights group.

In conclusion, while it`s possible to live in a rental property without an agreement, it`s always advisable to have a written tenancy agreement to protect your rights and interests. If you don`t have an agreement in place, you still have certain rights and responsibilities as a tenant. By taking certain steps to protect your rights, you can ensure that you have a safe and secure place to call home.