Many tenants wonder whether simply staying in a property for a long period – say, ten years – grants them stronger legal rights. It is an understandable question. Renting for a decade is a significant commitment, and tenants may expect additional security or protections to reflect that loyalty.
The reality, however, is more nuanced. In most modern tenancies, remaining in the same property for ten years does not automatically provide new rights. Whether you gain enhanced protections depends less on the length of your stay and more on the type of tenancy agreement you hold.
Long-term tenure and modern ASTs
The vast majority of private renters today are on assured shorthold tenancies (ASTs). Under an AST, your rights and obligations are set out by law and by the tenancy agreement. These do not change simply because you have lived in the property for a certain length of time – even after ten years, the legal position remains the same.
That means your landlord can still seek possession using the usual procedures, such as serving notice under Section 21 (no-fault) or Section 8 (fault-based). There are no additional rights to stay on indefinitely or to demand rent controls purely based on duration.
That said, a long-standing tenancy can offer practical, if not legal, benefits. Some landlords are more inclined to keep reliable long-term tenants in place, may be open to negotiating renewal terms, and might avoid rent increases to encourage continuity. But these are matters of landlord choice, not statutory entitlement.
Exceptions: older tenancies with stronger rights
There are important exceptions where length of tenancy intersects with historic tenancy types. Before the Housing Act reforms of 1988 and 1996, many renters were granted tenancies that carried far stronger protections than today’s ASTs.
For example, Rent Act 1977 tenancies, which applied before January 1989, offered tenants what is often referred to as “lifetime security.” These agreements included strict rent controls and made eviction extremely difficult except on limited statutory grounds. A tenant holding such an agreement – commonly known as a “protected tenant” – retains these rights even decades later.
Similarly, assured tenancies granted between 1989 and 1997 (before the automatic default to ASTs) provided tenants with greater security of tenure than modern agreements. Landlords could only recover possession under specific statutory grounds, and tenants had the right to challenge unfair rent increases.
In both cases, the strength of the tenant’s rights is not tied to the length of time spent in the property but to the type of tenancy created at the outset. A tenant with a protected or assured tenancy who has lived in the property for 10, 20 or even 30 years will still enjoy those enhanced protections.
‘Sitting tenants’ and social tenancies
The term “sitting tenant” is often used to describe someone who continues to occupy a property under an older tenancy with strong protections. These tenants cannot be removed through the usual no-fault eviction process, and their rent levels are often regulated. For landlords, a property with a sitting tenant can be harder to sell, precisely because the tenancy rights are so strong.
In the social housing sector, many tenants still benefit from secure tenancies. These agreements offer long-term rights regardless of duration, including strong protection against eviction and the possibility of passing the tenancy to family members in certain cases. Again, these rights do not arise from how long the tenant has lived in the property, but from the type of tenancy agreement itself.
Evolving legal context and upcoming reforms
Looking ahead, tenancy law in England is set for change. The government has committed to phasing out Section 21 “no-fault” evictions under the proposed Renters’ Rights Bill. These reforms aim to increase security for all tenants, regardless of how long they have lived in a property. If enacted, the focus will shift from length of tenure to strengthening baseline protections across the private rental sector.
Such reforms reflect a growing recognition that tenants need stability, but as of now, the law does not grant new rights purely because someone has been in the same property for ten years.
Get advice on your tenancy and rights
If you have been renting for a decade or more, your tenancy rights depend on the type of agreement you hold, not just on the time you have spent there. Modern AST tenants do not gain new rights after 10 years, though older tenancy types such as Rent Act tenancies or assured tenancies do carry much stronger protections.
If you are unsure which type of tenancy you hold – or if your agreement dates back before the 1990s – it may be worth seeking professional advice to confirm your position. Osbourne Pinner’s tenant solicitors can review your tenancy and advise on the rights available to you.
Get started with a free 30-minute consultation to help you understand your housing situation with clarity. Arrange yours using the form below, or by calling 0203 983 5080 or emailing [email protected]. We’re happy to talk by video call or meet in person at our Harrow, Canary Wharf, Piccadilly Circus or Manchester offices.
