Do you know which tenancy type you have?

Not all tenancies are the same.

There are a number of different types, which carry different rights and obligations.

So its a good idea to know which one you have.

Here is a quick guide:

If you first went into your property before 15 January 1989 then you will probably have what is called a ‘protected tenancy’. Your rent will be regulated under the ‘fair rent’ system (or you can apply for this) and your landlord will find it very hard to evict you if you do not want to go.

If you first went into your property between 15 January 1989 and 27 February 1997 you will normally have an assured tenancy. This is similar to a protected tenancy but there is no fair rent system and your landlord will find it easier to evict you if you are in arrears of rent.

However if your landlord served a special notice (called a section 20 notice) on you before you signed your tenancy agreement, you will probably have an assured shorthold tenancy. If so you will have less security of tenure, as after your fixed term ends you landlord will be able to evict you via the section 21 procedure (although you will get at least two months notice first).

If you moved in on or after 28 February 1997 you will almost certainly have an assured shorthold tenancy. Unless:

• You have moved from another property owned by the same landlord and have lived there since before 28 February 1997
• Your landlord served a notice on you saying your tenancy would be an assured tenancy
• The property is in the same building as your landlord lives in (unless this is a purpose built block of flats where you landlord lives in one flat and you live in another)
• It is a company let (ie the tenant is a limited company)
• The rent is under £250 pa (£1,000 in Greater London) or over £1000,000 pa
• You are a student and the property is rented from the college providing your course
• Your landlord is a local authority or
• A housing association or some other social landlord (probably)
• You are required to live there as part of your job
• You rent accommodation on a boat
• You have sublet the property to someone else
• The fixed term of your tenancy is seven years or more, or
• The property is used for business purposes or comes under the agricultural tenancy regime

You can find out more about the different occupation types (not all of those on the bullet list are tenancies) and what they mean for you, on my Landlord Law site (although this does not cover local authority or housing association tenancies) which you can find out more about >> here.

Landlords – if you are interested in the legal background to tenancies, check out my Easy Law for Landlords course where I will be going into a lot more detail about this sort of thing.