Are you a protected tenant?

Some tenancies in England go back many years, to before 1989. Many of these are protected tenancies under the Rent Act 1977, which carry some of the strongest rights in private renting.

Who has a protected tenancy

You probably have one if you rent from a private landlord and your tenancy began before 15 January 1989. That's the day the tenancy rules in the Housing Act 1988 came into force, and most private tenancies since then have been assured tenancies instead.

There are a few exceptions. For example, a tenancy isn't protected if it was a holiday let, or if the landlord has always lived in the same building (unless it's a purpose-built block of flats). And a tenancy that began later can still be protected, for example if you were already a protected tenant and the same landlord granted you a new tenancy.

You may also hear the words "regulated" or "statutory" tenancy. These are part of the same Rent Act protection.

Your security

If your original agreement has come to an end, the law carries your tenancy on automatically as a "statutory tenancy". It continues for as long as you live there as your home. There's no end date and nothing to renew.

A fair rent

You or your landlord can ask a rent officer to register a fair rent for your home. Once a rent is registered, that's the most that can be charged. Our guide to rent increases for protected tenants explains how it works.

The Renters' Rights Act 2025

The big changes on 1 May 2026 were to assured tenancies. The 2025 Act didn't change the Rent Act 1977, and a tenancy that began before 15 January 1989 can't become an assured tenancy. So a protected tenancy stays protected, and you don't need to sign anything new.

A few of the Act's new protections reach protected tenancies too. Since 1 May 2026, a term banning children from living with or visiting you, or banning you from claiming benefits, has no effect in most cases. The government also plans a landlord database and a landlord ombudsman that will cover protected tenancies as well as newer ones.

Not sure?

You're welcome to ask us. Email admin@rlancaster.co.uk, or phone, text or WhatsApp 07398 042 999. For free, independent advice, Shelter and Citizens Advice can both help.

Find out more

• Regulated tenancies (Shelter England)
• Check your tenancy type (Citizens Advice)
• Changes to a regulated tenancy (GOV.UK)
• Fair rents (GOV.UK)
• Rent Act 1977 (legislation.gov.uk)