Tenant rights are a cornerstone of the UK’s rental market, protecting renters from unfair treatment and ensuring stable housing. But how do these rights evolve over time? If you’ve been renting for 10 or even 20 years, you may wonder if you have additional legal protections. In this guide, we explore how tenant rights change and what the law says.
Do long-term tenants have more rights?
Sadly, there are no automatic increases in rights solely due to how long you’ve rented a property. In general, tenants gain more stability the longer they remain in a property, but your exact rights will depend on your type of tenancy agreement.
For instance, tenants with agreements under the Rent Act 1977 or assured tenancies (granted before the Housing Act 1988 reforms) often have greater protections like limited grounds for eviction. Modern assured shorthold tenancies (ASTs), the most common type since 1997, do not offer these benefits regardless of tenancy length.
Do your rights change after 10 years?
In modern tenancies governed by ASTs, tenant rights do not automatically change after 10 years. The core protections remain the same throughout the tenancy:
Eviction notice periods are typically governed by Section 21 or Section 8 notices.
Repairs and maintenance obligations still fall on the landlord.
Rent increases must comply with agreed terms or statutory guidelines.
However, renting long-term can offer some practical benefits:
Strong tenancy history: Landlords may be less likely to pursue eviction if a tenant has paid rent reliably for many years.
Negotiation leverage: Long-term tenants may negotiate better terms when renewing leases, such as reduced rent increases.
Do your rights change after 20 years?
For tenants renting for over 20 years, rights remain largely the same under AST agreements. However, if you hold an older tenancy type such as a regulated tenancy, the benefits can be significant:
Rent control: Rent increases are limited and may be regulated by a rent officer.
Greater security of tenure: Eviction can typically only occur with valid grounds as outlined by the Rent Act 1977.
Other long term tenancy rights
Rent Act 1977
The Rent Act 1977 provides some of the strongest protections for tenants in the UK. It applies to tenancies created before 15 January 1989. Though a tenant's right don't necessarily change after 10 years, there are rights that can apply for longer-term tenants. Key features include:
Regulated rents: Limits on how much rent landlords can charge.
Protection from eviction: Landlords must have specific legal grounds to evict.
Succession: Tenants can pass their tenancy on to their spouse or even family members if they pass away.
Assured tenancies explained
Assured tenancies were introduced by the Housing Act 1988 and offer more robust rights and protections than modern ASTs. If your tenancy started between 15 January 1989 and 27 February 1997, it’s likely you have an assured tenancy unless specified otherwise in the tenancy agreement. Unlike ASTs, assured tenancies offer greater security of tenure, making them beneficial for long-term tenants.
Key features
Security of tenure: Tenants with assured tenancies can only be evicted if the landlord provides a valid legal reason. Unlike Section 21 evictions used in ASTs, landlords of assured tenants must rely on grounds for possession under Schedule 2 of the Housing Act 1988.
Rent increases: In an assured tenancy, rent increases are controlled. A landlord can only increase rent by mutual agreement or by following specific procedures set out in Section 13 of the Housing Act 1988. Tenants have the right to refer to a tribunal if they believe it’s unreasonable.
Succession rights: If the tenant passes away, certain family members living in the property may inherit the assured tenancy, although typically only one succession is permitted. This can ensure continued security for dependents or spouses.
Fixed-term vs. periodic agreements: Assured tenancies may start as fixed-term agreements but can convert to periodic tenancies if no new contract is signed. Unlike ASTs, assured tenancies do not automatically roll into ASTs, so tenants retain the original benefits and protections.
What is a sitting tenant?
A sitting tenant is a renter who remains in the property under an existing tenancy agreement when ownership of the property changes hands. Sitting tenants are often associated with regulated or assured tenancies, but the term can apply to any long-term tenant with ongoing rights under their lease.
Key points
Security of tenure: A sitting tenant cannot be evicted simply because the property has a new owner. The buyer must honour the existing tenancy agreement, and the tenant remains entitled to their original protections. This can include rent control, protection from eviction, and other legal rights depending on the tenancy type.
Transfer of responsibilities: When a property with a sitting tenant is sold, the new landlord assumes all responsibilities of the former owner, including maintenance obligations, adherence to rent limits, and respecting eviction protections.
Impact on property value: Properties with sitting tenants are often less attractive to investors and may be sold at lower prices because the new owner cannot easily gain vacant possession. This makes them more suitable for buyers willing to manage rental properties rather than seeking immediate residence or redevelopment opportunities.
FAQs
Can I be evicted after 10 years?
Yes, tenants can be evicted after 10 years if the landlord follows the correct legal procedures. For ASTs, this typically involves serving a Section 21 notice (no-fault eviction) or a Section 8 notice (for specific breaches). Even long-term tenants must comply with the terms of their tenancy agreement to avoid eviction and a potential possession order.
Do long-term and short-term tenants have the same rights?
For modern ASTs, long-term and short-term tenants generally have the same rights under the law. However, tenants with older agreements (like those under the Rent Act 1977) may have greater protections that do not apply to short-term tenants in newer agreements.
Final thoughts
Tenant rights in the UK are shaped by the type of tenancy rather than its length, but long-term tenants may enjoy practical benefits and stronger negotiating positions. Understanding your specific agreement - whether it’s an AST, assured tenancy, or regulated tenancy - helps you make the most of your rights.
Looking for legal advice? Get in touch today for a free quote and to see how a landlord and tenant solicitor can help.