Finding a privately rented home
Type of tenancy
The type of tenancy that you have depends upon the date the tenancy began.
The information provided does not cover all types of tenancies but is intended as guidance only. If you have any queries it is always advisable to seek legal advice.
You are likely to be an assured tenant if all these apply:
- You moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice saying that you have an assured shorthold tenancy
- You pay rent to a private landlord
- You have control over your home so that your landlord and other people cannot come in whenever they want to
- Your landlord does not live in the same building as you
You can also be an assured tenant if you moved in after 27 February 1997 but this is quite rare. This can only happen if your landlord gave you a written notice saying that you have an assured tenancy before your tenancy started, or if you previously had an assured tenancy in the same accommodation with the same landlord.
Tenancies, which were entered into before 15 January 1989, are normally regulated tenancies. These tenancies are more secure and the right to have a fixed fair rent. Further information: regulated tenancies (GOV.UK)
Assured shorthold tenancies
After 27 February 1997, all private tenancies are set up as assured shorthold tenancies, unless the landlord specifies otherwise. This type of tenancy usually only runs for a specific period called a 'fixed term'. It is usually six or twelve months. If you have an assured shorthold tenancy your landlord can charge the market rent for the property. There is little you can do unless you think you are being charged a lot more than the 'market rent'.
Important: it is always a good idea to seek advice before entering into any agreement. This is even more important if you are asked to sign a new agreement for your present accommodation. You may be signing away some of your existing rights.
Last updated: 17/11/2022 10:54