Checking the tenancy type

This content applies to England only.

Housing laws vary between England and Scotland. This page applies to England only. Get advice relating to Scotland

This section helps you to work out what sort of private tenancy you have. You may not necessarily have the type of tenancy that is stated on your tenancy agreement.

The vast majority of private tenants are assured shorthold tenants but it's still important to check. The type of tenancy you have normally depends on the sort of accommodation you live in and when your tenancy started. If you are not sure what type of tenancy you have, use our tenancy checker or contact an advice centre for help.

Your landlord lives on the premises

If you share accommodation (such as a kitchen, bathroom or living room) with your landlord you are likely to be an excluded occupier.

If your landlord lives in the same building as you but you don't share accommodation you are likely to be an occupier with basic protection. For example, this would apply if your landlord has a separate bedsit in the building you live in. This doesn't apply if the building is a purpose built block of flats.

However, if you moved into your accommodation before 15 January 1989 and have a resident landlord (whether you share accommodation or not), you may have a 'restricted contract'. Restricted contract tenants are quite rare, because if any of the terms of the agreement have changed since 15 January 1989 (such as because of a rent increase) you would have become either an excluded occupier or an occupier with basic protection. If you think you have a restricted contract, get advice.

You live in a hostel or bed and breakfast hotel

If you live in a hostel or bed and breakfast hotel you are likely to be an excluded occupier. Get advice if you're in this situation and are not sure of your rights.

Your accommodation is provided as part of your job

If you live in accommodation which is provided as part of your job and you have to live in it in order to do your job, you're likely to be a service occupier and will have very different rights. You will probably have to leave your home if you leave your job. Get advice if you're in this situation.

You are an agricultural occupier

If you are an agricultural occupier you will have very different rights. Get advice to find out your rights.

You live in student halls of residence

If you are living in accommodation provided by an educational institution such as a university or college you are likely to be an occupier with basic protection.

You're renting from the Crown

You are likely to be an occupier with basic protection.

You rent from the council or a housing association

You are likely to be a secure or assured tenant if you live in self-contained accommodation.

If you live in a different type of accommodation such as a hostel, a housing co-op, a care home, supported housing, a shared ownership property, or temporary accommodation provided because you are homeless, your rights will be different.

None of the exceptions listed above apply

If you do not fall within any of the exceptions listed above, but you pay rent to a private landlord and live in a flat or house that you do not share with her/him, you are likely to have:

• an assured shorthold tenancy, or
• an assured tenancy, or
• a regulated tenancy.

This applies even if you just have a room in a house that you share with other people. The type of tenancy you have depends on the date you moved in.

Assured shorthold tenants

You will probably be an assured shorthold tenant if you do not fall into one of the exceptions mentioned above and you moved in after 27 February 1997. However, you may be an assured tenant if your landlord said that your tenancy would be an assured tenancy rather than an assured shorthold tenancy before you moved in.

You will also be an assured shorthold tenant if you moved in between 15 January 1989 and 27 February 1997 (inclusive) and your landlord gave you written notice before you moved in to state that your tenancy is to be an assured shorthold tenancy. The notice has to contain specific information. If it doesn't you may be an assured tenant and may have more rights. Get advice if you're not sure.

Assured tenants

You will have an assured tenancy if:

• you don't fall into one of the exceptions mentioned above, and
• you moved in after 15 January 1989 but before 28 February 1997, and
• your landlord didn't give you a notice stating that your tenancy was to be an assured shorthold tenancy before you moved in

You will also be an assured tenant if you moved in after 28 February 1997 and your landlord gave you a notice stating that your tenancy is an assured tenancy rather than an assured shorthold tenancy before you moved in.

You may also be an assured tenant if you became the tenant because the tenancy was passed to you after a regulated tenant died.

Regulated tenants

You will be a regulated tenant if you don't fall into one of the exceptions mentioned above and you moved in before 15 January 1989. This applies even if your landlord has changed or if you've moved to a different property but kept the same landlord.