Tenancy Agreements Explained: Don’t Get Caught Out by the Wrong One

Table of Contents

• Introduction
• The Agreement You Should Be Signing
• Other Agreements – When Are They Legit?
• What If You’ve Been Given The Wrong Agreement?
• How To Protect Yourself Before Signing
• Summary
• FAQ
• Would you like to find out whether your tenancy deposit was protected correctly?

Introduction

When you’re about to move into a new place, the last thing you want is legal jargon or dodgy agreements getting in your way. But the reality is, too many tenants in England and Wales are being handed the wrong type of tenancy agreement – and it can cost you your rights, your money, and your peace of mind.

At Tenant Angels, we’ve seen it all: landlords calling a tenancy a “license,” agents handing over “holiday let” paperwork for permanent homes, and lodger agreements given when the landlord doesn’t even live there. These mistakes (or worse – deliberate dodges) can leave you vulnerable. Here’s what you need to know.

The Agreement You Should Be Signing

Assured Shorthold Tenancy (AST) is the most common type of agreement for people renting a home in England and Wales. In most situations, this is the correct and legal agreement you should be signing.

• You rent a flat, house, or even a room in a shared house
• It’s your main or only home
• You don’t live with your landlord

If all of the above are true, you should be on an AST.

Why does this matter?
An AST gives you proper tenant rights, including:

• Legal protection for your tenancy deposit
• Notice periods before eviction
• Access to your home without illegal entry
• The right to challenge unfair fees or rent increases

If you’re not on an AST when you should be, enforcing these rights becomes difficult – and sometimes near impossible without going to court.

Other Agreements – When Are They Legit?

Not every rental situation is the same. Some agreements are valid in the right context – but often misused.

Lodger Agreement

You’re classed as a lodger if:

• You’re renting a room in the landlord’s home
• Your landlord lives there too

In this case, your agreement will likely be a lodger agreement or a license to occupy.

Important: Lodgers don’t have the same rights as tenants. Your deposit doesn’t need to be protected, and notice periods are shorter. You can also be evicted without a court order in many cases.

Holiday Let

Holiday lets are for:

• Short-term stays (like a weekend or few weeks)
• Properties not used as your main home

Some landlords try to use holiday let agreements for long-term tenants to avoid legal responsibilities. That’s not okay. If the property is your main home, a holiday let agreement is likely invalid.

License to Occupy

A license is not a tenancy. It’s usually used in:

• Hostels or supported housing
• Temporary accommodation
• Situations where you don’t have exclusive access to a room (e.g. staff may enter without notice)

Unfortunately, some landlords issue licenses in regular rental settings to avoid giving tenants their full rights – like deposit protection and formal eviction processes.

What If You’ve Been Given The Wrong Agreement?

Here’s the good news: the type of agreement you sign doesn’t always decide your legal status.

The law looks at how you actually live in the property – not just what’s written on the agreement.

For example, if you signed a license but:

• You have a lock on your door
• You pay rent monthly
• The landlord doesn’t live with you
• It’s your only or main home

…you may still be classed as an AST tenant in the eyes of the law.

But beware – fighting for your rights is harder when you’re on the back foot. It means more stress, more time, and sometimes legal help.

How To Protect Yourself Before Signing

Before you sign anything:

• Check the agreement type: Is it an AST? Ask directly.
• Look at your living setup: Will you be sharing with the landlord?
• Check for exclusive access: Will you have your own room with a lock?
• Get advice: If something doesn’t feel right – ask us, or a legal adviser.

You’re legally entitled to a copy of your tenancy agreement before you sign it. Use that time to read it through carefully – and don’t be rushed into signing something you don’t understand.

Summary

Signing the wrong tenancy agreement can put your housing security and finances at risk. Know what agreement you should be on, and don’t be afraid to ask questions or walk away if something feels off.

The right agreement = the right rights.
And we’re here to make sure you get them.

FAQ