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.
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).
How the Renters' Rights Act affects regulated tenancies
From 1st May 2026, the Renters' Rights Act comes into force in England. This makes significant changes to the way that assured tenancies work. This includes the abolition of assured shorthold tenancies and their replacement by open-ended assured periodic tenancies, the end of Section 21 notices, and new rules around rent increases.
We have full guidance on this available on our Renters' Rights Hub if you have an assured tenancy.
However, while most of the changes only affect assured tenancies, there are some changes landlords with regulated tenants need to be aware of.
The Decent Homes Standard
Landlords of assured and regulated tenancies will need to comply with the Decent Homes Standard when it comes into force. This new standard will require properties:
- Be free of 'Category 1' Housing Health and Safety Rating System (HHSRS) hazards.
- Be in a reasonable state of repair.
- Include core facilities and services.
- Offer thermal comfort.
- Not have damp and mould.
Most of these requirements will not come in until 2035, but the Government expects to introduce the requirement that properties be free of 'Category 1' HHSRS hazards in Spring/Summer 2026. Updated HHSRS guidance is expected to be released before then, so landlords can better identify and rectify any Category 1 hazards before then.
PRS database
Landlords of regulated tenancies will have to register their properties on the new Private Rented Sector database once it is required. This is expected to start rolling out in late 2026 regionally, before applying nationally from 2028.
Landlord redress schemes
In the future, regulated tenancy landlords will need to join the Landlord Redress Scheme when it becomes available. The Government expects this to be in 2028 and more details on this will be published when we receive it.
Discriminatory terms in regulated tenancies
From 1st May 2026, a term in your regulated tenancy, or your superior lease, that would prohibit or restrict a child from living at or visiting the property will no longer apply to the tenancy, unless the term is a legitimate means of achieving a proportionate aim.
Similarly, any term in the tenancy or superior lease that prohibits or restricts someone who receives benefits from living in or visiting the home will also be void.
For detailed guidance on the Renters' Rights Acts anti-discrimination provisions, see this page.
Where a tenancy becomes an assured tenancy
In some cases, a tenancy can stop being a regulated tenancy and change into an assured tenancy. Usually, this will occur where the original tenants have died and the tenancy has succeeded to a family member.
In these cases, the tenancy will follow the rules in the Renters' Rights Act. This means you will be expected to provide a written statement of the terms of the tenancy within 28 days of you acknowledging the assured tenant's right to a tenancy. This sets out the key rights and details of the assured tenancy.
You can access a written statement template at this link.