Tenancies that began before 1989

If you rent from a private landlord or letting agency and your tenancy started before 2 January 1989, you will not have an assured or short assured tenancy. It is most likely that you will have a regulated tenancy.

What is a regulated tenancy?

Regulated tenancies were the most commonly used tenancies for people renting privately before 1989. There are very few people who have regulated tenancies now.

A tenancy can only be regulated if:

  • it began before 2 January 1989, and

  • there is an agreement between you and the landlord about how much rent will be paid, and

  • there is an agreement between you and the landlord about the length of time your tenancy is for (there may be the option to extend this), and

  • the property includes somewhere for you to live - it may also have a business use, and

  • you live in the property, and

  • your landlord does not give you meals or provide services such as laundry or cleaning, and

  • you do not share your accommodation with the landlord.

If you moved into your home before 1989 and have since moved but kept the same landlord, you should still have a regulated tenancy.

What are my rights?

Regulated tenants have the strongest rights of any private tenants. If your landlord asks you to move or tries to change your tenancy agreement, you should get advice immediately. If you do not, you may lose some of your rights.

Find out more about the eviction process for regulated tenants.

If you think that you have a regulated tenancy and want more information about this kind of tenancy please contact an adviser.

What if I share accommodation with my landlord?

If you are sharing the accommodation with your landlord, you will not have a regulated tenancy. Instead, you will have a part VII contract. Part VII contracts are now very rare in Scotland. If you think you have this kind of tenancy, talk to an adviser at a Shelter advice centre or Citizens Advice to find out your rights.

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Last updated: 16 February 2018

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