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Types of tenancy

Find out what type of tenancy you have and what it means.

Tenancy law and rights

We provide guidance for tenants and landlords. This includes:

  • legal matters in different tenancy types
  • protection from unlawful eviction

We do not provide legal representation but we can explain how the law applies.

The Renters Rights Act will make important changes to your rights as a private tenant.

GOV.UK: More about Renters Rights Act

Assured Shorthold Tenancy

This is the most common tenancy type for agreements started on or after 28 February 1997. Landlords must follow the legal eviction process and usually need a Section 21 notice or Section 8 notice to end the tenancy.

Assured Shorthold Tenancy (AST) that began before 28 February 1997:

  • if your tenancy began between 15 January 1989 and 27 February 1997, your landlord needed to issue a Section 20 Notice before the start of the tenancy for it to count as an AST
  • if they didn’t, your tenancy may be classed as an assured tenancy (non-shorthold) instead

Assured Tenancy: Non-Shorthold

This type of tenancy offers stronger protection and can arise in two ways:

  • between 15 Jan 1989 and 28 Feb 1997; if no Section 20 Notice was given before the tenancy started, or if the tenancy was for less than six months
  • after 28 Feb 1997; if the landlord explicitly states in writing that the agreement is not an assured shorthold tenancy

Once the fixed term ends, these often roll over into periodic tenancies.

  • a landlord cannot use a Section 21 notice to end this type of tenancy
  • they must serve a Section 8 Notice Seeking Possession and apply to the court
  • there’s no legal requirement to protect a deposit for this tenancy type — although it’s still best practice

Regulated Tenancy

This applies to private tenancies that started before 15 January 1989.

  • rent is controlled by the Valuation Office Agency, which sets a fair rent for the property
  • your landlord can’t just evict you, they must apply to the court using legal grounds set out in the Rent Act 1977 and obtain a Possession Order

These tenancies offer strong protection, and tenants usually have the right to remain unless serious legal grounds apply.

Licences

In some situations, you might have a licence to occupy instead of a tenancy. This often applies when:

  • you can’t exclude others from the property (such as a shared room or communal area)
  • there was no intention to create a legal tenancy agreement

Examples of licence arrangements:

  • staying with friends or family
  • living somewhere as part of your job
  • a room with services like regular cleaning or support

Licence holders have fewer legal rights than tenants. However, a landlord can’t void your rights just by calling an agreement a licence.

If you’re unsure, get independent advice – the difference between a licence and a tenancy can be complex.

Occupiers with resident landlords

If you share facilities (like a kitchen or bathroom) with your landlord, you're likely classed as an excluded occupier.

This means:

  • your landlord doesn’t need a court order to ask you to leave
  • they still need to give you reasonable notice, usually in writing
  • the notice period depends on what’s in your agreement or what’s considered fair

Even though your rights are more limited, you still have some legal protections, especially against harassment or being locked out without notice.