The Resident Landlord Tenancy Agreement

Not all tenancies are assured shorthold tenancies.

One fairly common exception is where the landlord is renting out self-contained accommodation in the same building where he (or she) lives.

Note that this is not

• Renting a room in the landlords own home – that is a lodger arrangement and is generally a residential license, or
• Where the landlord owns two or more flats in a purpose built block of flats and lives in one and rents out the other(s).  That will be an AST.

The normal situations where a resident landlord tenancy agreement is needed is where you are renting out a ‘granny annexe’ or ‘garden flat’ and live in another part of the same building (ie not another building at the other end of the garden).

Some differences

• Any deposit taken does not need to be registered in a scheme
• Section 21 and section 8 notices do not apply – you should use an old style ‘Notice to Quit’ which works in a different way, and
• The eviction procedure is different

You also need to use a slightly different form of tenancy agreement.  Which is why we have our version on Landlord Law.

Landlord Law members will find it here.