The most common type of tenancy in the UK is an Assured Shorthold Tenancy (AST). If you’re renting a private property, there’s a high chance your tenancy falls under this category. However, other types of tenancies exist, each offering different levels of protection and conditions.
What Is an Assured Shorthold Tenancy (AST)?
A tenancy is classified as an AST if all of the following conditions apply:
- You rent a private property.
- Your tenancy started on or after 15 January 1989.
- The property is your main place of residence.
- The landlord does not live in the property.
When a Tenancy Cannot Be an AST
A tenancy cannot be classified as an AST if any of the following conditions apply:
- The tenancy started or was agreed before 15 January 1989.
- The annual rent is more than £100,000.
- The annual rent is less than £250 (or less than £1,000 in London).
- It’s a business tenancy or involves licensed premises (e.g., pubs or clubs).
- The property is a holiday let.
- The landlord is a local council or public housing authority.
Other Types of Tenancies
Although ASTs are the most common, you may encounter other types of tenancies with different terms and levels of protection:
1. Excluded Tenancies or Licences
- Who has this type? If you lodge with your landlord and share common areas like a kitchen or bathroom, you may have an excluded tenancy or licence.
- Protection: This type offers less protection from eviction, meaning the landlord can end the tenancy with shorter notice periods.
2. Assured Tenancies
- When do they apply? Tenancies that began between 15 January 1989 and 27 February 1997 may be classified as assured tenancies.
- Protection: Assured tenancies offer more protection from eviction compared to ASTs. The landlord must have legal grounds to end the tenancy.
3. Regulated Tenancies
- When do they apply? Regulated tenancies apply to agreements made before 15 January 1989.
- Protection: Tenants have strong protection from eviction and can apply for a fair rent, which is legally set by a rent officer to ensure it’s reasonable.
Key Differences Between ASTs and Other Tenancies
| Tenancy Type | Start Date | Protection from Eviction | Rent Control |
|---|---|---|---|
| Assured Shorthold Tenancy (AST) | After 15 January 1989 | Standard protection (easier for landlords to end the tenancy) | Rent set by agreement with landlord |
| Excluded Tenancy or Licence | Varies | Minimal protection, shorter notice periods | Rent set by agreement with landlord |
| Assured Tenancy | 15 Jan 1989 – 27 Feb 1997 | Increased protection (legal grounds needed for eviction) | Rent set by agreement with landlord |
| Regulated Tenancy | Before 15 January 1989 | Strong protection from eviction | Can apply for a fair rent set by a rent officer |
Most tenancies in the UK are Assured Shorthold Tenancies (ASTs), offering standard tenant rights and protections. However, older agreements, such as assured or regulated tenancies, provide additional protections, including controlled rent limits and stricter eviction rules. Always check your tenancy agreement to understand your rights and responsibilities, and contact a housing advisor if you’re unsure about your tenancy type.
FAQ’s
What is an Assured Shorthold Tenancy (AST)?
An AST is the most common type of tenancy in the UK for private rentals. It applies to tenancies started after 15 January 1989 where the property is the tenant’s main home and the landlord does not live on-site.
When is a tenancy not an AST?
A tenancy is not an AST if it started before 15 January 1989, has a rent exceeding £100,000 or below £250 (£1,000 in London), is a business tenancy, or the landlord is a local council.
What is an excluded tenancy or licence?
An excluded tenancy or licence usually occurs when a tenant lodges with their landlord and shares common areas like a kitchen or bathroom. It provides less protection from eviction.
What is an assured tenancy?
An assured tenancy applies to agreements made between 15 January 1989 and 27 February 1997. Tenants have increased protection from eviction, and landlords must have legal grounds to end the tenancy.
What is a regulated tenancy?
A regulated tenancy applies to agreements made before 15 January 1989. Tenants have strong eviction protection and can apply for a fair rent set by a rent officer.