Regulated / Protected Tenancy

Statute: Rent Act 1977

Applies to: england,wales

Notice periods: [object Object]

A Regulated Tenancy, also called a Protected Tenancy, is a pre-1989 tenancy still governed by the Rent Act 1977. Tenancies granted before 15 January 1989 in England and Wales are regulated tenancies unless they have since been replaced by a new assured tenancy. They are now rare but still exist, particularly with long-established tenants of small private landlords.

Strong security

Regulated tenancies offer some of the strongest security in UK housing law. The landlord can only obtain possession on a ground in Schedule 15 of the Rent Act 1977, and most grounds are discretionary, meaning the court can refuse to order possession even where the ground is proved. Rent arrears, nuisance, breach of tenancy, and similar grounds apply, but the court weighs reasonableness carefully.

Fair rent

The defining feature of a regulated tenancy is the fair rent mechanism. Either the tenant or the landlord can apply to the Rent Officer for a fair rent to be registered. Once registered, that fair rent is the maximum lawful rent (subject to periodic review). Registered fair rents are typically well below open-market rent levels, which is why regulated tenancies are valuable to tenants and unwelcome to many landlords. The rent can be reviewed every two years on application.

Succession

On the death of the tenant, a spouse or civil partner normally succeeds to the regulated tenancy. A member of the tenant's family who was living with them as a family member may also succeed, though since 1989 the successor typically inherits only an assured tenancy rather than a regulated tenancy. Succession rules are nuanced and tenants should take specific advice.

What has changed

Post-1989 tenancies cannot be regulated tenancies; they are assured or assured shorthold tenancies. No new regulated tenancies can be created. The Renters' Rights Act 2025 reforms the assured regime but does not change the Rent Act 1977 framework. Regulated tenants continue to benefit from the older, more protective rules.

If you think you have a regulated tenancy

Check the date your tenancy started and whether the landlord served any notice converting it. Tenancies that started before 15 January 1989 and have not been replaced are almost certainly regulated. Consult Shelter or a regulated solicitor; the value of the fair rent protection is substantial and worth protecting.