Residential Tenancy Agreement

A comprehensive guide for landlords looking to rent their premises under tenancy agreements.

Residential Tenancy Agreement

A residential tenancy agreement is a legal document agreed upon by a landlord and tenant, outlining the terms and conditions of the rental contract. This agreement permits the tenant to live in the property as long as they pay rent and adhere to the rules.

Relevant Provisions of Law

  • Protected (Rent Act) Tenancy: Applies to tenancies entered into before 15 January 1989.
  • Assured Tenancy: Introduced by the Housing Act 1988.
  • Assured Shorthold Tenancy (AST): Introduced in 1988 and amended by the 1996 Housing Act.
  • Common Law Tenancy: Applies when the landlord lives in the same building.
  • The annual income of a property defined as a percentage of its value

Types of Residential Tenancy Agreements

Assured Shorthold Tenancy (AST)
This is the most common type of tenancy agreement used for renting private residential properties. Most lettings that began after 28 February 1997 are likely to be ASTs. You may have an AST if all of the following apply:

  • Your rented property is private.
  • Your tenancy started on or after 15 January 1989.
  • The property is your main accommodation.
  • Your landlord does not live in the property.

All new tenancies are automatically ASTs.

Assured Tenancy
This type of tenancy agreement is typically used for properties let by a housing association or housing trust. Tenants under this agreement have a higher level of security, allowing them to remain in the property as long as they comply with the terms. To evict a tenant, the landlord must demonstrate to the court a valid reason for possession, using one of the grounds for possession specified in the legislation.