Tenancy rights

Regulated tenants

You are a regulated tenant if you moved into your property before 15 January 1989 and:

  • you pay rent to a landlord
  • you do not receive services like cleaning or cooked meals
  • you do not share facilities eg the kitchen or bathroom

Your rights
As a regulated tenant you have considerable security of tenure and additional protection under the 1977 Rent Act. This means:

  • you cannot be evicted unless your landlord can prove to the courts that there is grounds for possession and that it is reasonable to evict you
  • you have the right to have a fair rent set by a rent assessment committee. This will lay down the maximum rent that can be charged by your landlord. This fair rent can normally only be increased every two years
  • you have the right to succession - this means that a member of your family or your partner (this includes same-sex partners) can inherit an assured tenancy after your death

Your landlord must serve you a notice to quit, which must give you at least four week's notice and be in a form prescribed by law. Once the notice has expired your landlord must apply to the courts for possession. Your landlord will need to convince the court that they have grounds for possession and that it is reasonable to evict you.

If the court awards possession to your landlord a date will be set when you should leave the property. If you do not leave on this date the landlord will have to ask the court bailiffs to to evict you. You may be ordered to pay your landlords court costs if they are awarded possession of the property.

You should seek advice as soon as you receive a notice seeking possession.