Which Tenancy Agreement?

Answer: Assured or Protected tenancy

It is probable that your tenants will have long-term security of tenure. If so they will not normally be willing to sign a new tenancy agreement.

Landlord Law members can read about protected tenants under the 1977 Rent Act here and assured tenants here.  However basically:

• If the tenancy was signed before 15 January 1989 it is likely to be a protected tenancy under the Rent Act 1977.
• If the tenancy was signed between 15 January 1989 and 28 February 1997, it will be an assured (not an assured shorthold) tenancy, unless the special requirements for creating an AST were complied with at the time the tenancy was created.

In both of these cases it is unlikely that your tenants will want to sign a new tenancy agreement, and as they have long-term security of tenure you will not be able to force them to sign (eg by threatening eviction).

• However, if (for tenancies created between 15 January 1989 and 28 February 1997) the formalities for creating an AST were complied with (they include serving a section 20 notice on the tenant before the tenancy agreement was signed) AND you can prove this (you will need to have a copy of the section 20 notice served and  evidence that it was served at the correct time) then click the back button and follow the trail as if the tenancy was created after 1997.

If you are uncertain or confused, you can use our   telephone advice service.