Understanding Types of Tenancy Agreements in England

If you’re renting in England, it’s important to know which type of tenancy agreement you have. The rights and responsibilities you hold as a renter, how your landlord can increase rent, and what protections you have against eviction will all depend on the specific tenancy type. This guide explains the main types of tenancy in England, the official forms used, and the official resources for further support.

Main Types of Tenancy Agreements in England

The majority of private renters in England will have one of the following tenancy types. Each type affects your legal rights, how you pay rent, and how you could be asked to leave your home.

Assured Shorthold Tenancy (AST)

• Most common for private renters since 1997.
• Offers certain protections, like deposit security and eviction notice periods.
• Landlords must use an approved tenancy deposit scheme for deposits.
• Rent increases must follow legal procedures, especially during the fixed term.

AST agreements are usually for a fixed term (e.g., 6 or 12 months), then become periodic (rolling). After the first fixed term, the tenancy carries on if neither party gives notice.

Assured Tenancy

• Mostly granted before 1997 by housing associations or councils.
• Provides strong protection from eviction; landlord must have a valid legal reason (known as “grounds”).

If you have an assured tenancy, you typically have greater long-term security than with an AST.

Regulated Tenancy (Rent Act Tenancy)

• Usually started before 15 January 1989.
• Rent levels are set and controlled by law via a rent officer.
• Tenants have strong protection from eviction and rent increases.

New regulated tenancies can no longer be created, but many still exist.

Excluded Tenancy or Licence

• Applies if you share living space (like a kitchen or bathroom) with your landlord—common for lodgers.
• Has much fewer legal protections.
• Landlords only need to give “reasonable notice” (not a set legal period).

If you are a lodger, you may not have legal protection against eviction or deposit protection.

Non-Assured and Other Tenancies

• Some agreements may not be ‘assured’ due to rent amounts, family arrangements, or because it’s not a main home.
• Legal rights vary greatly.

Key Official Forms and When Renters Might Need Them

Official forms are sometimes required for eviction, rent increases, or ending a tenancy.

• Section 21 Notice (Form 6A): Used by landlords to end an AST after the fixed term or during a periodic tenancy without giving a reason. It must be served correctly and gives at least two months' notice.
  Example: If your landlord wants you to move out after your tenancy ends, they must serve a valid Form 6A: Notice seeking possession.
  (Official source for Form 6A)
• Section 8 Notice (Form 3): Used by landlords who want to end an AST or assured tenancy because the renter has broken the agreement (e.g., rent arrears or antisocial behaviour). There are specific “grounds” for eviction.
  Example: If your landlord believes you are behind on rent, they must serve a Form 3: Notice seeking possession for eviction on grounds.
  (Official source for Form 3)
• Form 4: Notice of Rent Increase: Used for periodic assured or AST agreements to formally notify you of a proposed rent increase.
  Example: If your landlord wants to raise the rent on a monthly rolling tenancy, they should use Form 4. You have the right to challenge this (see steps below).

Action Steps for Challenging a Rent Increase

If you receive a rent increase notice (Form 4) for an AST or assured tenancy and you believe the proposed rent is unfair, you can challenge it before the new rate is due.

• Respond to your landlord in writing, stating why you think the increase is unreasonable.
• Apply to the First-tier Tribunal (Property Chamber) for an independent decision. The tribunal will assess market rents and decide on a fair rate.
• You must apply before the date the proposed increase is due to take effect.

Relevant Legislation for England

• Housing Act 1988¹ – covers assured and assured shorthold tenancies
• Rent Act 1977² – covers regulated tenancies

The First-tier Tribunal (Property Chamber) is responsible for resolving most disputes regarding rent increases or possession claims in England.

Frequently Asked Questions

1. How do I know what type of tenancy agreement I have?
   Your written agreement should state the tenancy type. If unsure, check official definitions or contact your local council’s housing team or seek independent advice.
2. Can my landlord increase the rent whenever they want?
   No. For most tenancy types, there are legal processes your landlord must follow, such as issuing the correct Form 4 for periodic ASTs. You can challenge increases via the First-tier Tribunal.
3. What happens if I am served a Section 21 notice?
   If you receive a Section 21 (Form 6A) notice, check its validity. Your landlord must follow proper procedures. You do not have to leave immediately, and you may be able to challenge the notice if it is not correctly served.
4. What protection do I have as a lodger?
   Lodgers (excluded occupiers) share living space with their landlord and have minimal legal protection. Your landlord must give reasonable notice but does not need to go to court to evict you.
5. Where can I get official help if I disagree with a rent increase?
   You can apply to the First-tier Tribunal (Property Chamber) before the increase takes effect to get a fair assessment.

Summary: Key Takeaways for Renters

• Knowing your tenancy type in England is vital as it determines your rights and protections.
• Always check that official forms are used for notices regarding eviction or rent increases.
• You have the right to challenge unfair rent rises and seek help from official tribunals.

Need Help? Resources for Renters

• GOV.UK Private Renting Guide – Up-to-date info on tenant rights and responsibilities
• First-tier Tribunal (Property Chamber) – For rent, eviction, and tenancy disputes
• Shelter England: Get Help – Independent housing advice for renters
• Find your local council – Council housing teams can offer impartial tenancy advice

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1. Housing Act 1988
2. Rent Act 1977

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