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Tenancy Type Check: Do Deposit Rules Apply to You?

Posted on by COOK LEGAL SOLICITORS

If you’re unsure whether your deposit must be protected, start with the tenancy type—not the deposit paperwork. In England and Wales, landlords generally must protect a deposit in a government-approved scheme if the tenant has an assured shorthold tenancy (AST) that started after 6 April 2007.

This guide helps renters and landlords run a quick “tenancy type check” using the tenancy agreement contract and a few factual questions.

1) Step one: find (or confirm) your tenancy agreement

Your tenancy agreement (written or verbal) usually contains the clues you need: who lives where, what you’re renting, and what the arrangement is called. GOV.UK has a “tenancy types” guide that outlines the common tenancy categories and the conditions for an AST.

If you don’t have a written agreement, your arrangement can still be a tenancy, but it may be harder to evidence the terms. For landlords/agents, using a compliant tenancy agreement template in the UK can reduce disputes later. A model shorthold tenancy agreement is available through GOV.UK.

2) Quick eligibility rule: Does it look like an AST?

Most private renters in London will be on an AST. GOV.UK summarises when a tenancy can be an AST, including that the property is the tenant’s main home and the landlord does not live in the property.

Strong indicators that it is an AST

  • You rent the whole property (or a self-contained flat)
  • The landlord does not live at the property
  • It is your main home
  • The tenancy started on or after 15 January 1989 (and most new tenancies are automatically ASTs)

Strong indicators that it may not be an AST

  • You live with the landlord (typical lodger “resident landlord” set-up)
  • It’s genuinely a holiday let
  • It’s an older regulated tenancy (pre-15 January 1989)

3) If it’s an AST, deposit protection rules usually apply

If you rent on an AST that started after 6 April 2007, GOV.UK says your landlord must put your deposit into a government-approved tenancy deposit protection scheme.

Practical implications (why this matters)

  • Your landlord/agent has 30 days from receiving the deposit to protect it and provide prescribed scheme information.
  • Disputes about deductions are usually handled through the scheme’s free dispute service (ADR), which is commonly what people mean by a tenancy deposit scheme dispute.

If you suspect non-compliance, Citizens Advice also confirms that AST deposits must be protected and provides practical steps for checking.

4) Common tenancy types and whether deposit rules apply

Below is a practical “most likely” guide. There are exceptions, so treat this as a checklist, not a final determination.

A) Lodger/resident landlord arrangement (often not covered)

If you rent a room in a home where the landlord also lives, you may be a lodger (licensee) rather than an AST tenant. GOV.UK’s landlord guidance is clear that an AST requires the landlord not live in the property.
 In those cases, the statutory deposit protection rules may not apply in the same way (different arrangements can apply).

What to check in your paperwork: does it say “licence”, “lodger agreement”, “resident landlord”, or “renting a room”?

B) Regulated tenancy (older tenancies – different rules)

Tenancies starting before 15 January 1989 may be regulated and have different protections and rent rules.
 Deposit protection under the modern scheme framework is primarily tied to shorthold tenancies (Housing Act 2004 deposit provisions reference “shorthold tenancy”).

C) Holiday lets (genuine vs “sham”)

A genuine holiday let is not a tenancy in the usual sense. Shelter highlights that a “sham holiday let agreement” may be used to avoid proper tenancy protections, and the reality of occupation matters.
 If you’re living there as your main home, the “holiday” label may not reflect the true legal position.

D) Social housing/housing association tenancies

These can be assured tenancies (not shorthold) or other forms with different rules. Deposit protection duties discussed here are centred on shorthold tenancies.

5) “Tenancy type check” in 60 seconds (do this now)

Use these questions:

Does the landlord live in the property with you?
If yes, you may be a lodger/licensee (deposit scheme rules may differ).

Is this your main home?
If yes, more likely to be an AST (depending on other factors).

What does your agreement call itself?
“Assured shorthold tenancy” strong AST indicator.

When did the tenancy start?
Post–6 April 2007 AST, deposit protection duties usually apply.

6) If you’re covered: what to do next

For tenants

  • Check the tenancy deposit scheme uk options (DPS/TDS/mydeposits) and confirm where your deposit is registered. GOV.UK lists the approved schemes.
  • If you cannot locate registration or you received paperwork late, keep evidence (emails, screenshots, tenancy documents).

For landlords/agents

  • Confirm deposits are protected within 30 days, and the prescribed information is served within 30 days.
  • Use a robust AST agreement and clear check-in/check-out evidence to minimise disputes; GOV.UK’s model agreement is a starting point for a compliant structure.

If you’re unsure whether deposit rules apply to your tenancy, or you believe your deposit protection duties were not met, Cook Legal Solicitors can review the facts and documents.

Frequently Asked Questions

No, in England and Wales, the rules commonly apply to deposits taken for assured shorthold tenancies starting after 6 April 2007.

GOV.UK explains that an AST is the most common tenancy type and outlines the typical conditions (private landlord, main home, landlord does not live there, etc.).

If the landlord lives in the property, you may be a lodger/licensee rather than an AST tenant, and different deposit arrangements can apply.

Shelter notes “sham” holiday let agreements can be used to avoid proper protections; the reality of occupation matters. Get advice if the label doesn’t match how you live there.

Shelter states landlords/agents have 30 days from receiving the deposit to protect it and give the required written information about the scheme.

GOV.UK publishes a model shorthold tenancy agreement and guidance, which is a useful reference for AST structure.

Need help or advice?

Contact Cook Legal Solicitors today:

📞 0151 203 3599
🌐 www.cooklegalsolicitors.co.uk
 📧 enquiries@cooklegalsolicitors.co.uk

We act for tenants nationwide. No win, no fee may be available on qualifying housing disrepair cases.

COOK LEGAL SOLICITORS