Tenancy agreements and periodic tenancies

What Is a Periodic Tenancy in England? The 2026 Renters' Rights Act Explained

If you are asking what is a periodic tenancy in 2026, the short answer is that it is a tenancy which rolls on from one rent period to the next, usually month to month, with no fixed end date, and it is now the only kind of assured residential tenancy you can have in England. Instead of running for a set block of time (say, 12 months) and then expiring, a periodic tenancy simply continues until either the landlord or the tenant lawfully brings it to an end.

Since the Renters’ Rights Act 2025 came into force on 1 May 2026, you can no longer create a fixed-term assured shorthold tenancy (AST). Every new assured tenancy is automatically periodic from day one, and existing fixed-term tenancies have already converted to periodic tenancies by operation of law. This is one of the biggest structural changes for England landlords in a generation, and it affects how you draft agreements, raise rent, and regain possession.

This guide explains what a periodic tenancy means in practice, how the rent period works, what you can and cannot do under the new regime, and how to adapt your paperwork so it stays enforceable.

What is a periodic tenancy, in plain terms?

A periodic tenancy is defined by its rent period, the interval at which rent falls due. Under the Renters’ Rights Act, that period cannot exceed one month, so in practice almost all tenancies are now monthly periodic tenancies. Rent is typically due on the same date each month, and each new month is technically a fresh “period” of the same continuing tenancy. The tenancy does not restart or renew; it just carries on.

The legal foundation is still the Housing Act 1988. What the Renters’ Rights Act did was remove the ability to grant a fixed term and convert all assured tenancies into a single, open-ended periodic form. The label “assured shorthold tenancy” has effectively disappeared from new lets; you now simply have an assured tenancy that is periodic.

Key features:

  • No fixed end date. The tenancy continues indefinitely until ended by one of the lawful routes described below.
  • One continuous tenancy. It does not need renewing, re-signing or “rolling over” each year. There is no break clause to negotiate and no expiry date to diarise.
  • Rent periods of one month maximum. You cannot, for example, set a quarterly or annual rent period to lock a tenant in for longer between payments.
  • Security of tenure for the tenant. The tenant has the right to stay unless the landlord establishes a valid ground for possession.
  • Tenant flexibility. The tenant can leave on two months’ written notice at any time, without waiting for a term to expire.

Why “periodic” is not the same as “rolling over” used to be

Before 1 May 2026, the word “periodic” already existed in landlord vocabulary, but it meant something narrower. A fixed-term AST that reached the end of its term would lapse into a statutory periodic tenancy unless a new fixed term was signed. Landlords often treated that rollover as a temporary, slightly precarious state before re-signing.

That mental model no longer applies. There is no fixed term to roll over from. The tenancy is periodic from the very first day, and it is the permanent, intended structure rather than a holding pattern. If you still think of periodic tenancies as “the bit at the end”, it is worth resetting that assumption.

How a periodic tenancy is ended

The two sides have very different routes out, and understanding the asymmetry is central to managing risk.

  • The tenant can end the tenancy by giving two months’ notice in writing, at any time. They no longer have to wait for a fixed term to expire. The notice must generally end on the last day of a rent period unless you agree otherwise.
  • The landlord can only end the tenancy by using Section 8 of the Housing Act 1988 and establishing one of the statutory grounds for possession. Section 21 “no-fault” eviction has been abolished, so there is no longer any route to end a tenancy simply because a fixed term has run out.

There are around 37 Section 8 grounds, some mandatory and some discretionary. Common examples include:

  • Ground 8 (serious rent arrears), at least three months’ rent unpaid (or 13 weeks’ worth where rent is weekly), both at the date of notice and at the hearing.
  • Ground 1A (landlord intends to sell), four months’ notice, available after the tenancy has run for a qualifying period.
  • Ground 1 (landlord or close family moving in), also a long-notice ground.
  • Ground 2 (mortgagee repossession), four months’ notice.

Always use the current prescribed Section 8 form published on GOV.UK and check which ground fits before serving. For a full walkthrough, see our guide to how a Section 8 notice helps landlords regain possession and the related explainer on Section 21 abolition and what it means.

Fixed-term vs periodic: what actually changed

Before 1 May 2026, most lets were 6 or 12-month fixed-term ASTs that then lapsed into a statutory periodic tenancy at the end. The fixed term gave the landlord a degree of income certainty and the tenant a guaranteed minimum stay. That model is now gone for assured residential tenancies.

Feature Old fixed-term AST (pre-May 2026) Periodic tenancy (from May 2026)
Minimum term 6–12 months typical None, periodic from day one
End by expiry Yes (via Section 21) No, Section 21 abolished
Tenant leaving early Tied in until term ends (or break clause) Two months’ notice at any time
Landlord regaining possession Section 21 or Section 8 Section 8 grounds only
Rent review Fixed-term rent-review clauses common Banned, Section 13 only, once a year
Renewal paperwork Re-sign every term None, one continuous tenancy
Rent period Often monthly, sometimes longer One month maximum

For a deeper side-by-side, see Fixed-term vs periodic tenancy in England.

What landlords can no longer do

The shift to periodic tenancies removes several tools landlords relied on. It is worth being explicit about these, because using outdated clauses can make parts of your agreement unenforceable, and in some cases expose you to penalties.

  • No fixed terms. Any clause purporting to lock a tenant in for a minimum period has no legal effect for an assured tenancy. You cannot contract out of the periodic structure.
  • No rent-review clauses. Clauses that automatically increase rent on a set date are banned. Rent can only be increased using a Section 13 notice, once per year, on the current prescribed form published on GOV.UK. Crucially, if the tenant challenges it, the First-tier Tribunal cannot set the rent higher than the figure you proposed, so an over-ambitious figure carries no upside and only delay. See how to increase rent legally after the Renters’ Rights Act.
  • No “no-fault” exit. Because Section 21 is abolished, you must rely on a genuine Section 8 ground to recover possession. You cannot evict simply because you want the property back without a recognised reason.
  • No blanket pet bans. Tenants now have a statutory right to request a pet, and a flat “no pets” clause is no longer lawful.

What this means for your tenancy agreement

You do not need a fixed term for a tenancy to be valid, but you do still need a clear written tenancy agreement. A well-drafted 2026 agreement should:

  • State clearly that the tenancy is a periodic assured tenancy with a monthly rent period.
  • Drop any fixed-term length, break clause, or automatic rent-review wording.
  • Reflect current rules on rent increases (Section 13 only, once a year, on the current prescribed GOV.UK form).
  • Reflect the current rules on pet requests: under sections 16A–16B of the Housing Act 1988 the tenant has a statutory right to request a pet, and you must give or refuse consent in writing within 28 days (extendable by a further 7 days if you reasonably need more information). There is no “deemed consent” if you stay silent, you must not refuse unreasonably, and you cannot require the tenant to take out pet insurance.
  • Reflect the current deposit rules: protection is still required under the Housing Act 2004 (sections 213–215), with the deposit capped at five weeks’ rent, and any holding deposit capped at one week’s rent under the Tenant Fees Act 2019.
  • Set out the tenant’s right to end the tenancy on two months’ written notice.

If you are drafting from scratch, our step-by-step walkthrough covers every clause: how to write a tenancy agreement in England (2026 edition). If you are tempted by a generic download, read what free tenancy agreement templates get wrong first, outdated templates are now one of the commonest sources of unenforceable clauses.

Existing tenancies have converted automatically

You do not need to issue brand-new agreements to existing tenants for the conversion to take effect, the change happened by operation of law on 1 May 2026. A 12-month AST signed in, say, November 2025 did not need to wait until its term expired; the fixed term fell away and the tenancy became periodic.

However, it is good practice to give tenants a written statement of the current terms so everyone understands the new arrangement, and to make sure any future rent increase follows the Section 13 route rather than relying on an old contractual rent-review clause that no longer works.

A worked example

Consider Priya, who lets a two-bedroom flat in Leeds.

  • In August 2025 she granted a 12-month fixed-term AST to two tenants at £1,200 per month, with a clause stating rent would rise to £1,320 automatically on the first anniversary.
  • On 1 May 2026 the Renters’ Rights Act came into force. By operation of law, Priya’s fixed term fell away and the tenancy became a monthly periodic assured tenancy. The August 2026 automatic rent-review clause became unenforceable.
  • In June 2026 Priya wants to increase the rent. She cannot rely on the old clause. Instead she must serve a Section 13 notice on the current prescribed GOV.UK form, giving the required notice, and she can only do this once a year. If her tenants think £1,320 is above market, they can apply to the First-tier Tribunal, which can confirm or reduce the figure but cannot set it higher than £1,320.
  • In September 2026 one tenant gives two months’ written notice because they are relocating. Priya cannot insist they stay; the tenancy ends in November on the terms of the notice. There is no early-termination penalty because there is no fixed term to break.
  • Separately, if the tenants fell three months into arrears, Priya could serve a Section 8 notice relying on Ground 8, but she could not simply serve a “no-fault” notice, because Section 21 no longer exists.

This sequence shows the practical rhythm of a periodic tenancy: no renewals to chase, rent changes channelled through Section 13, tenant flexibility on notice, and possession only on a genuine ground.

How periodic tenancies change day-to-day management

The periodic model removes a familiar annual ritual, the renewal, and replaces it with a steadier, deadline-driven workflow. Instead of diarising a fixed-term expiry, you are now tracking:

  • the anniversary of the last rent increase, so you know when a fresh Section 13 notice becomes possible;
  • certificate renewals (gas safety, EPC, electrical) that continue regardless of tenancy structure, see our landlord compliance checklist;
  • any pet requests, with the 28-day written-decision clock; and
  • notice periods if either side moves to end the tenancy.

Because there is no expiry forcing a review, the risk shifts from “missing a renewal” to “letting compliance dates drift”. Good record-keeping and reminders matter more than ever.

Frequently asked questions

Is a periodic tenancy less secure for landlords?

Not necessarily. You lose the guaranteed minimum term, but you also lose the renewal admin, and your possession rights under Section 8 are clearer and broader than many landlords realise (around 37 grounds, including serious arrears, sale and moving in). Strong referencing and, where appropriate, a guarantor remain your best protection against income risk.

Can a tenant leave whenever they want?

A tenant must still give two months’ written notice, and the notice generally has to end on the last day of a rent period. They cannot simply walk out. If they leave without proper notice, normal rules on liability for rent up to a valid end date apply. See how a tenant gives notice after the Renters’ Rights Act.

Do I still take a deposit and protect it?

Yes. Deposit protection rules under the Housing Act 2004 (sections 213–215) are unchanged. You must protect the deposit in an authorised scheme and serve the prescribed information within the required timeframe. The deposit is capped at five weeks’ rent (where annual rent is under £50,000), and any holding deposit is capped at one week’s rent under the Tenant Fees Act 2019. Always check the current position on legislation.gov.uk and GOV.UK.

Can I still set a monthly rent due date?

Yes. A periodic tenancy can have any rent period up to one month, and a fixed monthly due date is normal and fine. What you cannot do is set a longer period (such as quarterly or annual) to tie the tenant in, or build in automatic increases tied to that date.

What happens to a tenancy I signed before 1 May 2026?

It converted automatically to a periodic assured tenancy on 1 May 2026. The fixed term fell away, Section 21 ceased to be available, and any automatic rent-review clause stopped working. You do not need to re-sign, but a written summary of the current terms is good practice. For background see the Renters’ Rights Act 2025 explained.

Does “periodic” mean the tenant has less commitment?

In one sense, yes, they can give notice at any time. But in practice most tenants stay for similar lengths as before, and the absence of a fixed term cuts both ways: there is no renewal point at which a tenant might shop around or renegotiate, and no expiry date to manage.

Coming soon

Tenancy Pilot is launching soon with an RRA-compliant Tenancy Agreement builder that produces a periodic assured tenancy agreement reflecting every rule above, no fixed terms, no banned rent-review clauses, and current pet and deposit wording built in. It pairs with deadline alerts for rent-increase anniversaries and certificate renewals, so the steadier periodic workflow stays on track. Join the waitlist to be ready to create a fully compliant periodic agreement on the day we launch.

This article is general information, not legal advice. Always check the current position on GOV.UK and legislation.gov.uk, and consult a qualified solicitor about your specific circumstances.

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