The type of tenancy agreement you have with your landlord is crucial in determining certain rights you may have (for example how much notice you should be given when asked to leave).

If you do not have a written agreement with your landlord it does not mean you have no rights or obligations, but it could mean that your rights are limited. 

Tenancy agreement types

The most common form of tenancy agreement for tenants renting privately is an assured shorthold tenancy. 

Assured shorthold tenancies

Most new tenancies are automatically assured shorthold tenancies.

You are likely to have an assured shorthold tenancy if all of the following applies:

  • you moved in on or after February 28, 1997 
  • you pay rent to a private landlord 
  • your landlord does not live in the same building as you
  • you have control over your home so that your landlord and other people cannot come in whenever they want to 

You will also be an assured shorthold tenant if you moved in between January 15, 1989 and February 27, 1997 and your landlord gave you a notice saying that you have an assured shorthold tenancy before your tenancy started.

Other types of tenancy

Assured tenancies

You are likely to be an assured tenant if all of the following applies:

  • you pay rent to a private landlord
  • your landlord does not live in the same building as you (unless it’s a block of flats) 
  • you have control over your home so that your landlord and other people cannot come in whenever they want to 
  • you moved in between January 15, 1989 and February 27, 1997 and your landlord did not give you a notice saying that you have an assured shorthold tenancy.

You can also be an assured tenant if you moved in after February 27, 1997 but this is rare. This would only apply in either of the following scenarios:

  • your landlord gave you a written notice saying that you have an assured tenancy before your tenancy started.
  • you previously had an assured tenancy with the same landlord

Regulated tenancies

You are likely to be a regulated tenant if all of the following applies:

  • you moved in before 15 January 1989 
  • you pay rent to a private landlord 
  • you have control over your home so that your landlord and other people cannot come in whenever they want to 
  • your landlord does not live in the same building as you 
  • you do not receive board or other services such as cleaning

Regulated tenants usually have more rights than other types of tenancy agreement, including stronger rights against eviction.

Excluded tenancies

You are likely to be an excluded occupier if you:

  • share accommodation with your landlord 
  • live in the same building as your landlord and share accommodation with a member of your landlord’s family 
  • are living in your accommodation for a holiday
  • do not pay any rent for your accommodation.

You’ll usually have less protection from eviction with an excluded tenancy agreement.

Shelter Cymru also provides information explaining what it means to be a subtenant or lodger.

You could have a 'fixed term' or 'periodic' tenancy with any of these types of tenancy agreements.

What does a fixed term or periodic tenancy mean?

Fixed term or periodic tenancies refer to the length of time your tenancy agreement is for.

Fixed term 

A fixed term tenancy runs for a set amount of time (usually 6 or 12 months).

If the fixed term ends and you do not agree a new fixed term with your landlord, or they don’t end the agreement, it will automatically become a periodic tenancy.

Periodic

A periodic agreement runs from week to week, or month to month (depending on when your rent is due). They can also be referred to as a ‘rolling tenancy’.

Unfair tenancy terms

The law gives certain rights to both tenants and landlords which cannot be superseded by terms in a tenancy agreement.

If your tenancy agreement contains unfair clauses (for example the landlord says you are responsible for structural repairs or that they have the right to immediate access to the property at all times) then these terms are not legally binding.

If your landlord is trying to act on unfair clauses you can contact our Environmental Health and Housing Standards team for advice, by emailing HealthandHousing@wrexham.gov.uk or by calling 01978 292040 (please contact us via email unless your enquiry is urgent).