Regulated tenancies and fair rents — What landlords need to know

Regulated tenancies under the Rent Act 1977 are a very small and diminishing group of old tenancies in England. These typically involve elderly tenants who have lived in the same property for decades with strong security of tenure and rents set below market levels. If you are a landlord with a regulated tenant, you need to understand the specific rules that apply. Reviewed March 2026.

What the rule is

The Rent Act 1977 created “regulated tenancies” for residential lettings that were in place before 15 January 1989 (when the Housing Act 1988 came into force and introduced ASTs). Regulated tenants have:

• Security of tenure — a regulated tenant cannot be evicted simply because the landlord wants to; specific grounds (equivalent to mandatory and discretionary Case grounds in Schedule 15 of the Rent Act) must be established
• Fair rent — the rent is set by the Rent Officer at a “fair rent”, which is typically significantly below market rent; the fair rent is registered and can only be reviewed every 2 years

After the original regulated tenant dies, their spouse or civil partner (if living with them) can usually succeed to the regulated tenancy. A second succession may be possible for certain family members, but as a less protected tenancy.

When it applies

• If you own or buy a property that was let before January 1989 and the same tenant (or a successor) is still in occupation
• If you are considering buying a property where the vendor warns that a regulated tenant is in occupation
• Regulated tenancies cannot be created today — the Housing Act 1988 prevents new regulated tenancies

What landlords must do

• Check the tenancy history if you are buying a property with an occupying tenant
• Do not increase rent above the registered fair rent — this is a criminal offence
• Apply to the Rent Officer for a fair rent review if the current fair rent has not been set or is more than 2 years old
• Maintain the property to the same standard as any other landlord obligation (gas safety, EICR, HHSRS)
• Seek specialist legal advice before attempting to regain possession — the grounds are limited and complex

Fair rent

A fair rent is set by the Rent Officer taking into account the property’s age, character, locality, and state of repair — but specifically excluding scarcity value. Fair rents are typically 40–60% below market rent. Once registered, the fair rent applies for 2 years, after which either party can apply for a new assessment.

What evidence to keep

• The registered fair rent documentation
• Correspondence with the Rent Officer about the fair rent
• Rent payment records (showing rent at or below the fair rent)
• Any maintenance and compliance records (same obligations as other lets)

Common mistakes

• Charging above the registered fair rent — this is a criminal offence with potential prosecution
• Assuming the tenancy ended when the original tenant died — succession rights may apply
• Trying to evict using Section 21 — Section 21 does not apply to regulated tenancies
• Ignoring fair rent registration — if no fair rent is registered, it should be registered before any increase

FAQ

Can I grant a new regulated tenancy? No — the Housing Act 1988 means all new residential tenancies since January 1989 are ASTs (or one of a small number of other tenancy types). You cannot create a new regulated tenancy.

What happens if the regulated tenant dies? A spouse or civil partner living with the tenant at the time of death can usually succeed to the regulated tenancy with the same rights. A second succession (to a family member) is possible but only as an assured tenancy with less security.

Can I regain possession from a regulated tenant? Only using the Case grounds in Schedule 15 of the Rent Act 1977. These are much more limited than the grounds available under ASTs. Seek specialist legal advice.

How do I find out if a fair rent is registered? You can search the Rent Officer’s database through the Valuation Office Agency (VOA) on gov.uk.