Most tenants fall for this because they do not have the adequate education or knowledge about this. They think they have no right which is WRONG. They do have right as a verbal contract is bonded by law. Which means a verbal agreement is a legally binding agreement just as a written one. (But most expect would not advise you to go for this option).
What is my Legal Right without a written Tenancy Agreement?
The fact that a tenant does not have a written agreement does not affect the statutory right of the tenant. Under this agreement, both the tenant and landlord is protected by the statutory law. If an agreement was reached (without a written agreement) and the landlord wants to evict the tenant, he/she is required to submit a valid Section 8 to the tenant before the tenant can be evicted and also the reasons for eviction must be on legitimate grounds. Also, after the Section 8 is served to the tenant, he/she is entitled to 14 days after the date of submission to decide on what to do. This process is just the same as evicting someone with a written agreement.
A tenant without a written Tenancy Agreement can request for the Housing Officer at the Local Authority to inspect the property if he/she is not happy with the condition of the property and based on the outcome, request for an improvement notice to be served to the landlord in the property does not meet the set standards.
How Is a Verbal Tenancy Agreement Created?
For both parties (they) to say they have entered into a verbal Tenancy Agreement, there are some factors that should be included in the Verbal Tenancy Agreement for it to be deem valid which includes the following:
- They must agree to be legally bonded to the agreement
- They meet the minimum requirement in other to enter into an agreement (i.e. not drunk, insane or under the age of 18)
- They must not be under any pressure to commit to the agreement
- The agreement cannot go contrary to the law
Although the above are some elements of a Verbal Agreement, there are three most important factors that must also be included:
- An Offer
- An acceptance of offer
- Payment known as the legal term consideration.
Why Is Verbal Tenancy Agreement Not Advised Even Though It is Protected By Law?
Even though Verbal Tenancy agreement is boned by law, it is always in your own best interest to go for a written Tenancy Agreement when creating a tenancy. Written tenancy agreement helps avoid misinterpretation between both parties. The written agreement clearly outlines the terms and responsibilities of both the landlord and tenant. This help solves any further dispute or misunderstanding that may arise later on.
Also for those who have in a Verbal Tenancy Agreement, you are advised to go for a written one if you want to renew the Tenancy.
How Do One Create Written Tenancy Agreement?
Despite its massive benefits, a written agreement is not difficult to put together. There are a lot of resources at your disposal you can use to create one yourself. There are many websites that offer a Written Tenancy Agreement Template that you can use to create one yourself. You can also consult a specialist solicitor who will help you draft one.
Reading all the above, if you are a landlord or a tenant who is yet to commit to a tenancy agreement, then it is advisable to go for a written one. Also, if you have already committed to a verbal Tenancy agreement, that is not the end as you are protected by the law but is advised to go for a written one when renewing your agreement.