Q&As

In the case of a regulated tenancy, the tenant can be evicted if they received a notice in writing that a mandatory ground may be used (for example requiring possession to live in it themselves) prior to entering the tenancy. However, is this still the case if the landlord is the parent of the tenant and there is no formal written tenancy, but only an oral agreement?

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Published on LexisPSL on 17/03/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • In the case of a regulated tenancy, the tenant can be evicted if they received a notice in writing that a mandatory ground may be used (for example requiring possession to live in it themselves) prior to entering the tenancy. However, is this still the case if the landlord is the parent of the tenant and there is no formal written tenancy, but only an oral agreement?
  • Oral lease
  • Type of tenancy
  • Eviction

In the case of a regulated tenancy, the tenant can be evicted if they received a notice in writing that a mandatory ground may be used (for example requiring possession to live in it themselves) prior to entering the tenancy. However, is this still the case if the landlord is the parent of the tenant and there is no formal written tenancy, but only an oral agreement?

We are not aware of any direct authority on the point regarding the relationship between an oral tenancy and a regulated tenancy, but the following information may be useful.

Oral lease

As a general rule, the relationship of landlord and tenant arises when one person (the landlord) grants to another (the tenant) a right to the exclusive possession of land for a term less than that which the landlord has in the land. The grant or demise must be either for a period which is subject to a definite limit originally, as in the case of a lease for a term of years certain, or for a period which, although originally indefinite, may be made subject to a definite limit by either party as of right by that party giving appropriate notice to the other, for example a tenancy from year to year.

For further information, see: General principles that govern the relationship of landlord and tenant: Halsbury's Laws of England

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