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Types of tenancy agreement

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

Assured Shorthold Tenancy (AST)

The AST is one of the most common in the private rented sector. 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 January 1989, are more likely to be Assured Tenancies.

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

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

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

Assured tenancy

This type of tenancy agreement is usually 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.

Regulated (or 'protected' tenancy)

If you moved into the property before 15th January 1989, you may 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:

These can be found at the links below.

• Assured and Assured Shorthold Tenancies: A Guide for Tenants Opens new window
• Letting Rooms in Your Home: A Guide for Resident Landlords Opens new window
• Regulated tenancies guidance from the Department for Communities and Local Government Opens new window

Private landlords

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

Tenants 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.

Deposits

When you move into your home it is likely you will have to provide the landlord or letting agency with a deposit. This should be requested to cover any unpaid rent or damage to the property. Sometimes, when a tenant decides to move on, there maybe disputes concerning the returnable amount.

When you sign your tenancy agreement always check the details to see what your deposit will cover and how it will be returned. You should also ask for an inventory of the property's contents when you move in. Ensure that you agree with the terms and conditions of the tenancy before you hand any money over.

Tenancy deposit protection

To help end the problem of a tenant's deposit being unfairly withheld by landlords and agents, Tenancy Deposit Protection Schemes have been introduced. All deposits taken for an assured shorthold tenancy must be protected by a government authorised scheme. More information about Tenancy Deposit Schemes can be found using the link below.

• Tenancy Deposit Protection Schemes

Help with your rent

If you have a low income you may be able to get Housing Benefit to help pay your rent. Your savings as well as your income will be used to work out whether you can get benefit and if so how much.

You can find out more from your local council or read 'Housing Benefit' where you can also download a Housing Benefit claim form. 

• Housing Benefit (money, tax and benefits section)

More useful links

• Council rent and other charges