The Risks of Letting Without a Proper Tenancy Agreement 

If you’re renting out a property in East Yorkshire, having a proper tenancy agreement in place isn’t just a formality, it’s essential. We occasionally speak to landlords who have let a property on a handshake deal, often to someone they know, thinking a written agreement isn’t necessary. But skipping this crucial step can cause serious problems down the line. 
Here’s why every landlord - whether you own a single property in Beverley or a portfolio across Hull, Driffield and Cottingham - should never let without a proper tenancy agreement. 
 

1. You’ll Have Less Legal Protection 

A tenancy agreement sets out the legal terms between you and your tenant. Without one, you're relying on assumptions and verbal agreements, which are hard to prove if a dispute arises. 
 
Say your tenant falls behind on rent or causes damage. Without written terms, taking legal action becomes far more difficult. Courts want to see clear evidence of the agreement, and if you don’t have it, you’re on the back foot from the start. 
 

2. Unclear Terms Lead to Disputes 

A tenancy agreement spells out things like: 
 
When rent is due 
Who’s responsible for what 
How much notice is needed to end the tenancy 
 
Without this in writing, you and your tenant could have very different expectations. In places like Anlaby or Willerby, where many landlords manage their own properties, misunderstandings like this are surprisingly common. Unfortunately, they often lead to avoidable conflict. 
 

3. Repossession Gets Complicated 

If you ever need to regain possession of your property (especially with the potential changes in the Renters Rights Bill) having a tenancy agreement makes the process clearer and legally sound. Without one, you may still have rights under the law, but it’s much harder to prove the terms of the tenancy, especially in court. 
 
You could face long delays, extra legal costs, and the stress of not being able to take back your own property when needed. 
 

4. Deposit Handling Can Go Wrong 

By law, you must protect your tenant’s deposit in a government-approved scheme. If there’s no tenancy agreement, it’s easy to make mistakes when registering the deposit—or to forget altogether. This could land you in hot water, with penalties of up to three times the deposit amount. 
 
A written agreement also helps clarify what the deposit can be used for, making end-of-tenancy deductions easier to justify. 
 

5. Your Insurance Might Not Pay Out 

Many landlord insurance policies in the UK, including those used by East Yorkshire landlords, require a written tenancy agreement. If you don’t have one, your policy could be invalidated, and you may not be covered in the event of a claim. 
 
Imagine dealing with a fire or serious damage, only to find out your insurer won’t pay because the paperwork isn’t in place. 
 

6. You Risk Falling Out of Compliance 

Landlords have legal responsibilities, from providing gas safety certificates to ensuring working smoke alarms. A tenancy agreement often includes clauses to support these obligations and clarify who’s responsible for what. 
 
Without one, you risk missing a legal requirement—and that could result in fines or enforcement action from the local authority. 
 

7. Tenants Still Have Rights 

Even without a written agreement, tenants still have rights under the law. In practice, this means they’re protected whether or not anything’s in writing. As the landlord, though, you lose clarity and control when there’s no agreement to refer back to. 
 
You might think a casual arrangement gives you flexibility, but in reality, it usually puts the tenant in a stronger position than you. 
 

The Bottom Line 

Whether you’re letting a flat in Hull or a cottage in Swanland, don’t take chances. A proper tenancy agreement protects both you and your tenant. It helps avoid disputes, ensures legal compliance, and gives you peace of mind. 
 
If you’re not sure where to start or need a solid agreement tailored to your property, it’s worth getting professional help. It’s a small investment that can save you a big headache later on. 

 

Maddie Lancaster is an ARLA qualified letting agent with over 10 years of experience in the UK rental market. Rent East Yorkshire specialises in property management services for landlords across the East Riding of Yorkshire. 
 
You can find Maddie on instagram or LinkedIn 
 
Disclaimer: This information is provided for guidance only and does not constitute legal advice. Specific legal advice should be sought for particular circumstances. 
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