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Private rent and tenancies

A tenancy agreement is a legal agreement in writing that sets out the rights and responsibilities of both landowner and tenant. It will contain details such as the length of the agreement, the rent payable, and what is and isn't permitted in the property, such as pets.

Types of tenancy agreement

There are different types of tenancy agreement. Some provide the renter with more rights than others, and most people have one of three types:

Assured Shorthold Tenancy
The AST is one of the most common in the private rented segment. If your tenancy began, or was agreed, on or after 28 February 1997, it is likely to be an Assured Shorthold Tenancy. Tenancies starting, or agreed, before that date but after 15 Jan 1989, are more likely to be Assured Tenancies.

However, it is important to know that if you are not an Assured Shorthold Tenant as your rights may be different.

• if you live with your landowner as a lodger and share living accommodation, this maybe known as a Non-Excluded Tenancy
• if you landowner has divided a property into flats and the renter occupies a different flat from the landlord, this maybe known as an Excluded Tenancy
• if you rent a property where the joint rent is over £25,000 per year, this is known a as a Bare Contractual Tenancy

Bare Contractual Tenancies tend to transpire in large households where many people will occupy a property. It only takes 5 people paying £100 a week each in rent for the annual rent to be above £25,000 a year.

You must check to see how your circumstances will define your tenancy agreement.

Assured tenancy
This type of tenancy agreement is regular issued by a housing trust or housing association. They offer some security in that as long as you do not break the terms of the tenancy agreement you may continue to live in the property.

Protected tenancy
If you moved into the property before 15th January 1989, You can have a Regulated or Protected Tenancy. This type of tenancy offers the most protection against rent increases or eviction.

The type of tenancy you have depends on when it was taken out. More details can be found in booklets published by the Department for Communities and Local Government:

• Assured and Assured Shorthold Tenancies: A Guide for Tenants
• Regulated Tenancies
• Letting Rooms in Your Home: A Guide for Resident Landlords

Private landowners
Private landowners will usually rent their property at the market rate and their right to increase the rent depends on the type of tenancy.

Tenant who have a fixed term of three years or more, are legally entitled to a written tenancy agreement. However, where there is no written tenancy agreement, a tenant with a shorthold tenancy, starting on or after 28 February 1997, has a right to ask for a written statement of any of the following main terms of the tenancy.

• the date the tenancy began
• the amount of rent payable and the dates on which it is due
• any rent review arrangements
• the length of any fixed term