Statute: Law of Property Act 1925
Applies to: england,wales
Notice periods: [object Object]
A Common Law Tenancy is a residential tenancy that falls outside the Housing Act 1988 assured tenancy regime. The Law of Property Act 1925 provides the underlying framework for any tenancy in England and Wales, but the richer statutory protections of the Housing Act 1988 (assured tenancies), the Housing Act 1985 (secure tenancies), the Rent Act 1977 (regulated tenancies), and the Protection from Eviction Act 1977 (licences) sit on top of that common-law base.
When a tenancy is 'common law'
A tenancy is typically common-law if it falls outside every statutory regime. Examples include tenancies at rents above £100,000 per annum or below £250 (£1,000 in Greater London), tenancies granted by a resident landlord in certain circumstances, holiday lets, and tenancies where the tenant is not an individual (such as Company Lets). Some fall under the Protection from Eviction Act 1977 even though they are otherwise common-law, so process matters.
What rights apply
Common-law tenants have the contractual rights in their tenancy agreement. The Landlord and Tenant Act 1985 section 11 implied repairing obligations apply to short-term lettings of dwellings. Gas, electrical, and fire safety regulations apply regardless of the tenancy type. However, the strong protections of the assured regime (Section 21, Section 8 grounds process, deposit protection, prescribed information) do not apply.
Ending a common-law tenancy
To end a common-law periodic tenancy, the landlord serves a Notice to Quit matching the length of the rent period, typically one month on a monthly tenancy. The notice must expire on the correct day of the rent cycle. After expiry, if the tenant remains, the landlord must still go to court to obtain a possession order and enforce it with bailiffs; self-help eviction is a criminal offence under the Protection from Eviction Act 1977 section 1.
Why this label matters
Calling something a 'common-law tenancy' does not strip away statutory rights that genuinely apply. Courts look at the substance of the arrangement. If a landlord grants what purports to be a common-law tenancy to an individual on a property with rent below the upper threshold, the tenancy will usually be an assured shorthold tenancy regardless of the label. Parties in doubt should take legal advice; the consequences of getting it wrong are significant.
Relationship to the Renters' Rights Act 2025
The Renters' Rights Act 2025 reforms the assured tenancy regime. Common-law tenancies sit outside that regime and so are not directly reformed. The Decent Homes Standard extension and Awaab's Law in RRA 2025 primarily affect assured tenancies, though some sections may apply more broadly; take specific advice on your tenancy.