Understanding Sitting Tenants and Their Rights
A sitting tenant is someone who has lived in a rented property for a long period, often under an older tenancy agreement. Typically, sitting tenants began their tenancy before the introduction of modern tenancy laws and have continued to live in the property without interruption. Being a long-term renter can provide more stability and unique legal protections compared to newer tenancies.
Unlike short-term renters or those with an assured shorthold tenancy (AST), sitting tenants often have agreements that pre-date the Housing Act 1988. This means their rights and the landlord’s responsibilities can be quite different. For example, sitting tenants may have greater security of tenure, meaning it is harder for a landlord to evict them or increase their rent without following strict legal procedures.
It’s important to understand how sitting tenants differ from those on fixed-term or periodic tenancies. While ASTs are now the most common tenancy type, sitting tenants may have regulated or protected tenancies, which offer more robust protections. To see how these arrangements compare, you can read about Fixed-Term vs Periodic Tenancies.
Sitting tenants in the UK are protected by a range of laws that cover issues such as rent increases, repairs, and eviction. These protections are designed to ensure fair treatment and housing security, especially for those who have made a property their home for many years. Knowing your rights as a long-term tenant is crucial. It helps you respond confidently if your landlord tries to change your agreement, increase your rent unfairly, or begin eviction proceedings.
For a broader understanding of your legal position as a tenant, you may want to explore Tenant Rights in the UK: Legal Overview. This resource covers the fundamental rights and responsibilities that apply to all renters, providing a solid foundation for anyone seeking to understand their housing situation.
Tenancy Agreements for Sitting Tenants
When you are a sitting tenant, your tenancy agreement is the foundation of your rights and responsibilities. Understanding the type of agreement you have – and what it covers – can help you make sure you are protected as a long-term renter.
Types of Tenancy Agreements
Sitting tenants often have older forms of tenancy agreements that offer strong protections. The most common types include:
- Regulated (or protected) tenancies: Usually granted before 15 January 1989, these tenancies give tenants significant security and control over rent increases. Landlords must follow strict rules if they want to end the tenancy.
- Assured or assured shorthold tenancies: Introduced after 1989, these are now the most common types. Assured tenancies give more security than assured shorthold, but both have legal protections for tenants.
- Secure tenancies: Typically used by council or housing association tenants, these agreements provide long-term stability and strong rights against eviction.
The type of agreement you have usually depends on when you moved in and who your landlord is. If you’re unsure, you can compare your situation with the guidance on tenancy agreements for private tenants.
How Tenancy Agreements Protect Long-Term Renters
A tenancy agreement sets out the terms of your stay, including your right to live in the property, the rent you pay, and the responsibilities for repairs. For sitting tenants, these agreements often mean:
- You can stay in your home as long as you meet the terms.
- Your landlord must follow the law if they want to increase rent or ask you to leave.
- You have the right to live in safe, well-maintained accommodation.
Key Terms to Look For
When reviewing your tenancy agreement, check for these important terms:
- Rent and how it can be increased
- Length of the tenancy and notice periods
- Who is responsible for repairs and maintenance
- Rules about subletting or having lodgers
- Any grounds for eviction
If you have an older regulated or secure tenancy, you may have extra protections around rent control and eviction.
If There Is No Written Agreement
You still have rights as a tenant even if your agreement is not in writing. Your tenancy is established by your actions – such as paying rent and living in the property. The law will usually treat your arrangement as a periodic tenancy, which renews automatically each period (for example, monthly or weekly). Your landlord cannot simply evict you or change the rent without following the correct legal process.
If you’re unsure about your rights or what kind of agreement you have, consider seeking advice from a housing specialist. Knowing your tenancy agreement is the first step to protecting your home as a sitting tenant.
Rent and Rent Increases for Sitting Tenants
As a sitting tenant, understanding how your rent is set and what happens when your landlord wants to increase it is crucial. Here’s what you need to know about your rights and the rules around rent changes.
How Is Rent Set for Sitting Tenants?
When you first move in, your tenancy agreement will state the starting rent. For long-term renters, this amount usually continues unless your landlord follows the correct process to change it. The way your rent can be changed depends on your tenancy type, such as an assured or regulated tenancy.
For most sitting tenants, the rent can only be increased if:
- Your tenancy agreement allows for rent reviews or increases, and
- The landlord follows the correct legal procedure.
If you have a regulated or protected tenancy (common for tenancies starting before 1989), your rent is often set by a rent officer and can only be increased within strict limits.
Rules and Limits Around Rent Increases
Landlords must follow specific rules if they want to raise your rent:
- They must provide proper notice, usually at least one month for periodic tenancies or as specified in your agreement.
- Increases can normally only happen once a year, unless your contract says otherwise.
- Rent increases must be fair and in line with local market rates.
For regulated tenancies, there are extra protections. Your rent may be registered as a “fair rent,” and your landlord cannot charge more than this amount.
The government provides detailed guidance on private renting and rent increases, including the notice periods and procedures that landlords must follow.
What If You Think a Rent Increase Is Unfair?
If you feel your rent increase is too high or not justified, you have options. Start by talking to your landlord to see if you can reach an agreement. If that doesn’t work, you may be able to challenge the increase formally.
For most assured and assured shorthold tenants, you can refer the proposed increase to a First-tier Tribunal (Property Chamber). The tribunal will decide if the new rent is reasonable based on similar properties in your area.
Your Rights to Challenge Rent Rises
You do not have to accept every rent increase. If your landlord has not followed the correct process, or if you believe the increase is unfair, you have the right to challenge it. It’s important to act quickly, as there are time limits for making a challenge.
To understand the steps involved and your legal protections, visit our guide on how to challenge a rent increase. This resource explains your rights and the process in detail, helping you make informed decisions about your tenancy.
Remember, knowing your rights puts you in a stronger position to ensure fair treatment and secure your home for the long term.
Repairs and Maintenance Responsibilities
As a sitting tenant, it’s important to know who is responsible for keeping your home in good condition. Both you and your landlord have specific duties when it comes to repairs and maintenance.
Landlord’s Duty to Keep the Property in Good Repair
By law, your landlord must ensure that the property is safe and fit to live in. This includes:
- Keeping the structure and exterior (such as walls, roof, windows, and doors) in good repair.
- Maintaining essential services like water, gas, electricity, heating, and sanitation (toilets, basins, baths, and sinks).
- Making sure that any appliances or furniture they provide are safe and in working order.
Landlords cannot avoid these responsibilities, even if your tenancy agreement says otherwise. For more details on what landlords must do, see our comparison on Repairs and Maintenance Responsibilities for private tenants.
Tenant’s Responsibilities for Upkeep
As a tenant, you are expected to:
- Take reasonable care of your home, such as keeping it clean and preventing damage.
- Carry out minor maintenance, like changing light bulbs or replacing smoke alarm batteries.
- Report any issues or damage as soon as possible.
You are not responsible for fixing problems caused by normal wear and tear or faults with the building itself.
Requesting Repairs
If something needs fixing, tell your landlord or letting agent in writing. This creates a record of your request. If you need a template, you can use this Tenant Maintenance Request Form | ezLandlordForms, which helps you clearly document the issue and keep track of your communication.
Give your landlord a reasonable amount of time to respond, depending on how urgent the repair is. For example, a broken boiler in winter should be fixed more quickly than a dripping tap.
What to Do If the Landlord Doesn’t Act
If your landlord ignores your repair request, you have options:
- Remind them in writing and keep copies of all correspondence.
- Contact your local council’s environmental health team if the problem affects your health or safety. They can inspect the property and order the landlord to carry out repairs.
- Avoid withholding rent, as this can put you at risk of eviction.
Emergency Repairs
Some repairs are urgent, such as gas leaks, severe water leaks, or unsafe electrics. If your landlord cannot be reached in an emergency, you may be able to arrange the repair yourself and claim the cost back – make sure to keep all receipts and evidence of the problem.
Always act quickly to report emergencies and try to contact your landlord first. Your safety is the top priority.
Knowing your rights and responsibilities helps you maintain a safe, comfortable home and ensures you are treated fairly as a long-term renter.
Eviction Rules and Protections for Sitting Tenants
If you are a sitting tenant, you have important legal protections against eviction. Landlords cannot simply ask you to leave without following strict rules. Here’s what you need to know about eviction grounds, notice periods, and your rights if you face eviction.
Legal Grounds for Eviction
Your landlord must have a valid legal reason to evict you. The grounds for eviction depend on your tenancy type, but common reasons include:
- Rent arrears (falling behind on rent)
- Breaching the terms of your tenancy agreement
- The landlord needing the property for personal use (in some cases)
For most long-term renters, especially those with assured or regulated tenancies, the landlord must prove one of these grounds in court before you can be evicted. You can read more about the rights and responsibilities of tenants to understand the broader legal context.
Notice Periods and Proper Procedures
Landlords must give you proper notice before starting the eviction process. The notice period depends on the type of notice served and your tenancy agreement. In England, the two most common notices are:
- Section 21 notice: Used to end an assured shorthold tenancy without stating a reason. Usually requires at least two months’ notice.
- Section 8 notice: Used when the landlord has a specific legal ground, such as rent arrears. Notice periods vary, but are typically two weeks to two months.
Landlords must serve these notices in writing and follow the correct procedures. If they fail to do so, the eviction may be invalid. For detailed guidance on these notices and your rights, visit the official GOV.UK page on Section 21 and Section 8 notices.
What to Do if You Face Eviction
If you receive an eviction notice, do not ignore it. Check that the notice is valid and that your landlord has followed the correct process. Keep copies of all correspondence. It’s a good idea to seek advice from a housing charity or solicitor. If the landlord takes you to court, you will have the chance to present your case.
Help from the Council if You Face Homelessness
If you are at risk of losing your home, contact your local council as soon as possible. Councils have a duty to help people who are threatened with homelessness. In some cases, they must provide you with temporary or permanent accommodation. Learn more about when the council must rehouse you under the main housing duty.
Understanding your rights as a sitting tenant can help you stay secure in your home and respond confidently if eviction becomes a threat.
Other Important Considerations for Sitting Tenants
As a sitting tenant, there are several other important factors you should be aware of to protect your rights and plan for the future. Below, we cover key scenarios that long-term renters often face.
How Landlord Renovations May Affect Your Tenancy
Landlords sometimes want to renovate or upgrade their properties. While improvements can benefit tenants, major works might disrupt your home life or even lead to requests for you to move out temporarily. If your landlord proposes renovations, they must follow proper procedures and respect your tenancy rights. You are usually entitled to stay in your home during works, except in rare cases where it’s unsafe or impossible. Always ask for written details about the planned renovations and any impact on your rent or living arrangements. For a detailed look at your protections and what steps landlords must take, see our guide on Landlord Renovations During Your Tenancy.
Your Rights if You Rent With Pets
Renting with pets can be challenging, as many landlords include ‘no pets’ clauses in tenancy agreements. However, recent changes in guidance encourage landlords to consider pet requests fairly. If you have a pet or want to get one, read your tenancy agreement carefully and discuss it with your landlord. In some cases, you may be asked for extra deposits or to agree to specific conditions. For a full breakdown of your rights and tips on negotiating with your landlord, visit Renting With Pets in the UK: Your Rights and Landlord Rules Explained.
What Happens if Your Landlord Dies
If your landlord passes away, your tenancy does not automatically end. The property and your tenancy agreement typically transfer to the landlord’s heirs or estate. You should continue paying rent as usual and keep a record of all payments and communications. The new owner must honour your existing agreement, including notice periods and rent terms. If you are unsure about your rights or the process, read What Happens If Your Landlord Dies for practical guidance.
How to Spot and Challenge Rental Discrimination
Rental discrimination can take many forms, from being refused a property due to race, disability, or family status, to unfair treatment during your tenancy. It’s illegal for landlords or agents to discriminate against tenants. Signs of discrimination include different terms offered to you compared to others, or being excluded from viewing a property for a protected reason. If you suspect discrimination, keep detailed records and seek advice promptly. Learn more about your rights and how to take action in our guide: Know Your Rights: How to Spot and Challenge Rental Discrimination.
Additional Considerations
Your rights as a sitting tenant can also depend on the type of tenancy you hold. For example, fixed-term and periodic tenancies offer different levels of security and flexibility. Understanding these differences can help you make informed decisions about your housing situation. For more details, see Fixed-Term vs Periodic Tenancies.
By staying informed about these issues, you can better protect your rights and enjoy greater security as a long-term renter.
Where to Get Help and Further Information
If you are a sitting tenant and need advice, there are many places you can turn for support. Knowing your rights is important, especially if you face issues like rent increases, repairs, or possible eviction. Here are some practical steps and resources to help you get the guidance you need.
Finding Advice and Support
Start by gathering all the details about your tenancy – your agreement, any communication with your landlord, and records of rent payments. Local advice centres, such as Citizens Advice, can help you understand your rights and options. They offer free, confidential advice on issues like tenancy agreements, repairs, and disputes.
Shelter is another trusted source for tenants. Their website provides comprehensive information on housing rights, dealing with landlords, and what to do if you’re facing eviction. You can access housing advice from Shelter – Shelter England for practical guides and ways to get in touch with their helpline.
Legal Help and Tenant Organisations
If your situation is complex or you’re facing legal action, it may be helpful to speak to a solicitor who specialises in housing law. Some organisations, such as law centres and tenant unions, offer free or low-cost legal advice. Joining a tenants’ association can also give you collective strength and access to resources if you are facing issues with your landlord.
Understanding both tenant and landlord perspectives can be useful. For example, reviewing information on renting out to private tenants can give you insight into your landlord’s responsibilities and concerns.
Resolving Disputes and Knowing Your Options
Disputes with landlords can often be resolved through clear communication. If you cannot reach an agreement, mediation services are available in many areas to help both parties find a solution. If the problem continues, you may need to take formal action, such as making a complaint to your local council or seeking a legal remedy.
For a broader understanding of your rights and responsibilities, you might also want to read about your rights and responsibilities when renting from a private landlord. This can help you compare your situation and see how general rules apply to sitting tenants.
How Contend Can Help
Contend’s AI Legal Assistant is here to support you every step of the way. If you have questions about your tenancy agreement, eviction notices, or your rights as a sitting tenant, Contend can provide clear, personalised answers. You can also get guidance on what to do next based on your specific situation, and even create tailored letters or documents to communicate with your landlord. Whether you need quick advice or help preparing for a dispute, Contend makes it easy to take confident action.
