Tenants' rights to stay in rented accommodation

Security of tenure is a tenant’s right to stay in rented accommodation for a set amount of time. Generally, security of tenure applies automatically when you have been renting for 6 months and haven’t received a valid notice of termination from your landlord in that time. When you have security of tenure, your landlord can only terminate your tenancy for a limited number of reasons, see our page If your landlord wants you to leave.

The amount of time you are entitled to stay in rented accommodation after the first 6 months depends on when your tenancy began. This is because rules about security of tenure have changed.

If your tenancy was created after 10 June 2022, you will have a tenancy of unlimited duration. This means if you have rented somewhere for 6 months, you have the right to stay in that accommodation indefinitely (no end date), unless the landlord wants to terminate your tenancy for one of the allowed reasons.

If your tenancy was created before 10 June 2022, you have the right to stay in the rented accommodation for up to 6 years after you have rented for 6 months. After these 6 years, the tenancy ends and a new tenancy can begin. Your landlord can terminate the tenancy at the end of the six-year period without giving a reason, as allowed under the old rules. But, if the landlord does not end your tenancy at this stage, it automatically becomes a tenancy of unlimited duration (no end date).

By June 2028, all tenancies will be tenancies of unlimited duration. This is because all existing 6-year cycle tenancies will have ended by then.

Security of tenure and the law

Initially tenants had the right to stay in rented accommodation for up to 4 years, following an initial 6-month period. This right was introduced under the Residential Tenancies Act 2004 and meant that your tenancy became a Part 4 tenancy. This could be followed by a further Part 4 tenancy after the first 4 years, see Part 4 and further Part 4 tenancies below. The Planning and Development (Housing) and Residential Tenancies Act 2016 extended a Part 4 tenancy (security of tenure) from 4 years to 6 years for tenancies created from 24 December 2016.

Then the Residential Tenancies (Amendment) (No. 2) Act 2021 brought in tenancies of unlimited duration for tenancies created from 11 June 2022.

What tenancies does the residential tenancies legislation cover?

Residential tenancies legislation covers private residential tenancies. A private residential tenancy is a tenancy that is agreed privately between a landlord and a tenant. It includes tenancies under the Housing Assistance Payment (HAP) and the Rental Accommodation Scheme (RAS). If you are getting Rent Supplement, you are probably renting from a private landlord, so you would be covered by the residential tenancies legislation.

Residential tenancies legislation also covers approved housing bodies tenancies and tenancies in student-specific accommodation. But, there are some differences in how the legislation is applied to these tenancies, see below. .

Exceptions to security of tenure rights

If you are renting a flat or apartment that was originally part of the landlord's main house, your landlord can choose to opt out of the Part 4 provisions on security of tenure. Read more in our page on Sharing accommodation with your landlord.

Tenants of certain properties let by housing associations do not get Part 4 rights. For example, people living in transitional housing. Transitional housing is temporary supported accommodation that helps people move from homelessness to independent living in permanent accommodation.

Part 4 rights do not apply to tenants in student-specific accommodation even though other parts of residential tenancies legislation covers these tenancies.

Tenancies of unlimited duration

You automatically get security of tenure and can stay in your rented property indefinitely if all of the following apply:

This is known as a tenancy of unlimited duration.

If your tenancy was created before 11 June 2022, the previous security of tenure rules apply until the current 6-year cycle of the tenancy ends. If the landlord does not terminate the tenancy under the old rules, your tenancy will automatically become a tenancy of unlimited duration after 6 years. See Part 4 and further Part 4 tenancies below for details about the old rules.

If the old rules apply to your tenancy, you can switch to a tenancy of unlimited duration if your landlord agrees.

Part 4 and further Part 4 tenancies

Part 4 tenancy

If your tenancy was created before 11 June 2022 and you have been renting for at least 6 months and haven't been served with a valid written notice of termination, you automatically get security of tenure and can stay in the property for 6 years. This is known as a Part 4 tenancy.

A Part 4 tenancy refers to Part 4 of the Residential Tenancies Act 2004, which deals with security of tenure. If you have a periodic tenancy (a tenancy without a fixed length of time), you do not have to claim the Part 4 tenancy in writing, but you do need to claim it if you have a fixed-term lease – see below.

Under the old rules, security of tenure continued in 6-year cycles. But, from 11 June 2022, when your tenancy ends after 6 years, it will automatically become a tenancy of unlimited duration, if the landlord does not terminate it under the old rules.

Further Part 4 tenancy

For tenancies created before 11 June 2022, a new tenancy begins after the first 6-year cycle of your Part 4 tenancy. This new tenancy will now be a tenancy of unlimited duration, unless the landlord terminates it, see ‘Landlords' right to end a tenancy every 6 years’ below. However, under the old rules, you would have a further Part 4 tenancy.

When you have a Part 4 tenancy or further Part 4 tenancy, your landlord can only terminate your tenancy in certain circumstances. Read more about when a landlord can terminate your tenancy in our page If your landlord wants you to leave.

If you have a fixed-term agreement and want to leave, you do not have to give a reason, but you must give the correct period of notice in writing – see ‘Ending your tenancy’ below.

Landlords' right to end a tenancy every 6 years

If your tenancy was created before 11 June 2022, your landlord can terminate your tenancy after 6 years for any reason. This is only allowed if:

If the tenancy is not ended and a new tenancy begins after 6 years, the new tenancy will be of unlimited duration and this rule will not be apply.

Tenancy agreements

When you rent your home from a private landlord or an approved housing body, you have an agreement or contract with that person or body, known as a tenancy agreement – which may or may not be in writing. The most common types of tenancy are fixed-term tenancies and periodic tenancies – both described in more detail below. A tenancy agreement cannot contain terms that contradict the legal rights of tenants and landlords.

Fixed-term tenancy

A fixed-term tenancy is an agreement that covers a specific amount of time. It is generally (but not always) set down in a written contract, called a lease. It may be for any period, but can range from as little as 6 months up to a year or more. It is important to note the following points about a fixed-term tenancy: