The majority of lets will conform to the requirements of an Assured Tenancy. Some will not and will be Common Law Tenancies. A few old ones (before 15 Jan 1989) are Regulated Tenancies.
1. Main Tenancy Types (England & Wales)
- Assured Tenancies: The most common type for private rentals (post-1989), allowing landlords easier repossession (Section 21, though this is changing).
- Common Law (Excluded) Tenancies: Exempt from much of the Housing Act 1988 (e.g., high rent, company lets, resident landlord).
- Regulated (Rent Act) Tenancies: Old (pre-15 Jan 1989), offering strong security of tenure and fair rents.
2. Assured Tenancy Criteria
An assured tenancy is generally created if all these apply (post-1997, it’s automatic unless otherwise stated):
- Property is private and is the tenant’s main home.
- Tenant is an individual/group (not a company).
- Landlord does not live in the property.
- Tenancy started on/after 15 Jan 1989.
3. Assured Tenancy Key Rules & Landlord Obligations
- Deposit must be protected in an approved scheme.
- Correct legal notices (e.g., Section 8) must be served.
- Rent increases must follow formal procedures.
- Written agreements are strongly advised and are mandatory from 1 May 2026.
4. Common Law (Excluded) Tenancies (Housing Act 1988 Exempt)
These tenancies lack automatic security of tenure and are common for:
- High rent (over £100k/year) or very low rent (part of employment).
- Company lets (tenant is a business).
- Resident landlords (licence/lodger agreements).
- Student halls (provided by educational bodies).
- Serviced/holiday lets or agricultural land.
5. Landlord Implications for Common Law Tenancies
- Require a tailored agreement.
- Deposits are not subject to mandatory protection schemes (Housing Act 2004).
- Statutory repossession rules (Housing Acts) do not apply.
What Happens to Existing Protected Tenancies (Regulated/Secure Tenancies)?
- These already offer much stronger security (requiring proven ‘grounds’ for eviction) and are largely unaffected by the RRA’s main reforms, which target the modern AST system. They continue under their own specific rules (Rent Act 1977, Housing Act 1985).
Key elements of protected tenancies include strong security of tenure (hard to evict without legal grounds), the right to pass the tenancy on (succession), and often a regulated “fair rent” set by a Rent Officer, applying mainly to properties started before 2007 (Rent Act 1977).
Key Elements of Protected Tenancies (Rent Act 1977/Regulated)
- Security of Tenure: Tenants can remain in the property long-term; eviction requires a landlord to prove specific legal grounds to a court.
- Succession Rights: Tenancies can often be passed on to family members upon the tenant’s death, with complex rules for succession.
- Fair Rents: Rents are typically regulated and set by a Rent Officer, rather than freely negotiated (though some can be unregistered).
- Historical Origin: Most are old tenancies, created before 1 April 2007, often relating to properties built before 1956 and first let before 1978.
- Statutory Tenancy: If the original agreement ends, it often becomes a statutory tenancy, continuing the same protections as long as the tenant lives there.
Under the new Renters’ Rights Act 2025 in the UK, it is a legal requirement for landlords to provide a written statement of terms (which will usually be a written tenancy agreement). This obligation comes into effect on 1 May 2026 for all new and existing tenancies in the private rented sector.
Key Details of the Requirement
- For New Tenancies (on or after 1 May 2026): Landlords must provide tenants with a written statement of terms before the tenancy begins. Failure to do so could result in a fine of up to £7,000.
- For Existing Tenancies (before 1 May 2026):
- If a written agreement already exists, the landlord does not need to issue a new one. Instead, they must provide the tenant with a government-published “Information Sheet” about the changes made by the Act by 31 May 2026.
- If the existing tenancy is a verbal agreement, the landlord must provide a written summary of the main terms of the agreement to the tenant by 31 May 2026.
Current Law vs. New Act
- Currently (before 1 May 2026): Tenancy agreements can be verbal and are still legally binding, though it is difficult to prove agreed-upon terms without written evidence. Landlords are generally only required to provide written terms if the tenant makes a written request.
- Under the Renters’ Rights Act: The requirement for a written agreement/statement of terms is mandatory for all tenancies, ensuring clarity and security for both landlords and tenants.
This change is part of broader reforms that will also abolish Section 21 “no-fault” evictions and move all tenancies to a single system of rolling periodic tenancies.
