Guide to regulated tenancies

Introduction

Prior to the introduction of assured and assured shorthold tenancies in 1989, regulated tenancies were the default type of tenancy in England and Wales.

As these tenancies have now been replaced, it is no longer possible to create new regulated tenants. However, while rare, these tenancies do still exist and landlords who buy property with tenant in-situ can occasionally discover they are inheriting a regulated tenant.

The purpose of this guide is to provide information for landlords who do discover they are inheriting a regulated tenant. It will cover the differences between regulated and assured tenancies as well as what happens if the regulated tenant passes away while a relative lives in the property.

Renters’ Rights Bill

The Renters' Rights Bill is expected to come into force in summer 2025, making the most significant changes to the private rented sector in over 30 years.

Amongst other things, the Bill will -

•    Abolish Section 21;
•    Change the type of tenancy you can offer;
•    Introduce a new Decent Homes Standard to the PRS;
•    Change advertising practices; and 
•    Significantly strengthen local authority enforcement powers.

The advice and resources on this page will be outdated once the Bill comes into force. The NRLA is currently preparing a suite of replacement guides and documents to help you manage the transition smoothly.

For further information on the passage of the Bill and its details, please see our dedicated campaigns hub 
 

How do regulated tenancies differ?

There are a number of important differences between regulated and the default tenancy in the PRS (assured shorthold tenancies):

  • In most circumstances, a regulated tenant will have far stronger security of tenure making it very difficult for landlords to end the tenancy even where they have a good reason to do so;
  • Much of the legislation that applies to assured and assured shorthold tenancies do not apply to regulated ones;
  • Maximum rents are assessed and set by the Valuation Office Agency (VOA).

Members only

Log in to read this