Periodic Tenancy

A statutory periodic tenancy arises automatically under Section 5 of the Housing Act 1988 when a fixed-term assured shorthold tenancy expires and the tenant remains in occupation without a new agreement being signed. The period mirrors the last rental period — so a monthly-rent tenancy becomes a month-to-month periodic. Tenants in a statutory periodic tenancy give notice of one full rental period (e.g. one month for a monthly tenancy). Under the Renters' Rights Act 2025, which came into force on 1 May 2026, all private tenancies in England are periodic — fixed-term assured shorthold tenancies were abolished and existing fixed terms converted automatically. Landlords can no longer serve a Section 21 notice and must use one of the Schedule 2 possession grounds instead. Rent increases in a periodic tenancy require a valid Section 13 notice.

What it means in practice. A periodic tenancy runs indefinitely until one side properly ends it. For the tenant that means flexibility: you are no longer locked into a fixed term, so you can give notice and move without paying rent for months you will not be there. For the landlord it means the only exit is a statutory ground, proved in court if contested. The period is set by how the rent is paid, so monthly rent produces a month-to-month tenancy, and notice from a tenant normally has to expire at the end of a period.

A worked example. Nathan pays rent on the 8th of each month, so his tenancy runs from the 8th to the 7th. He is offered a job in another city and wants to leave. He gives written notice, timed so that it expires at the end of a rental period rather than in the middle of one. He keeps a copy and proof of sending. Because the tenancy is periodic, there is no early-termination fee and no liability for the remainder of any fixed term, since there is no fixed term left to run.

Common pitfalls. Getting the expiry date wrong is the most common tenant error and can leave you liable for an extra month's rent. Joint tenants should also take advice before serving notice: notice given by one joint tenant can end the tenancy for everyone. And leaving without valid notice does not end your liability for rent, whatever the landlord says informally — get any agreement to surrender in writing.

How it relates to other terms. Periodic tenancies are now the standard form of assured tenancy following the abolition of the assured shorthold tenancy and of Section 21. Possession requires a Section 8 ground, and rent rises go through Section 13. Your deposit protection continues unaffected by the conversion.

What to do next. Check the exact dates before serving notice using notice periods when renting, and follow ending your tenancy for the steps that protect your deposit. Read the Renters' Rights Act 2025 for how the conversion affected your agreement.