A summary of types of private residential tenancies
A summary of types of private residential tenancies

The following Property guidance note provides comprehensive and up to date legal information covering:

  • A summary of types of private residential tenancies
  • Regulated tenancies
  • Assured tenancies
  • Assured shorthold tenancies
  • Common law tenancies
  • Right to rent checks

The difference between types of residential tenancies depends on when the tenancy was granted and the legislation in force at that time. There are four main types of tenancy:

  1. regulated tenancies

  2. assured tenancies

  3. assured shorthold tenancies

  4. common law tenancies

Regulated tenancies

Most tenancies granted before 15 January 1989 are regulated tenancies governed by the Rent Act 1977 (RA 1977).

Regulated tenants have stronger protection against eviction than other private tenants.

See Practice Note: Dealing with Rent Act tenancies.

Rent and rent review

RA 1977 provides the rules for setting fair rents and there is a limit that can be charged which is linked to the retail prices index. See Practice Note: Calculating indexation figures.

The landlord or tenant (or both) can apply to the Rent Officer for a fair rent. Once the fair rent is set and registered, this is the maximum rent that the landlord can charge.

If a fair rent is registered after the tenancy was granted the fair rent is the maximum payable even if the tenancy provided for a higher rent.

Rents can be re-registered every two years and an application for re-registration by the landlord will be accepted one year and nine months after the effective date of the previous registration. Applications can be made at any time where there has been a significant change in circumstances or where a