Fixed-term ASTs before RRA 2025 — operation and expiry
Fixed-term AST: tenancy granted for defined period (typically 6 or 12 months); during fixed term tenant bound to pay rent for entire period; cannot unilaterally end without break clause; landlord can only end with s.8 notice on statutory ground; s.21 notice served during fixed term took effect only on or after last day of fixed period. At expiry: if no notice served, automatically becomes statutory periodic tenancy under HA 1988 s.5(2) — same terms as original; monthly if rent paid monthly. Break clauses: must be mutual (CRA 2015 — unfair terms if landlord-only); cannot activate within first 6 months; typically 2 months landlord notice; 1 month tenant notice; strict conditions precedent apply (e.g. all rent paid — courts strictly construe).
- Statutory periodic tenancy arises automatically on expiry of fixed term with no action needed by landlord or tenant — can be ended thereafter by s.21 (pre-RRA 2025) or s.8 on grounds
- Fixed-term renewal as further fixed term was common pre-RRA 2025 practice to retain certainty — requires agreement in writing before expiry; no longer possible for new tenancies after 1 May 2026
- Break clause conditions precedent: courts construe strictly — failure to satisfy condition (e.g. rent outstanding) renders break notice ineffective; review conditions carefully before exercising
- s.21 notices served during fixed term: must be served at minimum 2 months before the end of the fixed term; expired fixed term plus 2 months' notice is the minimum timeline for possession
RRA 2025 transitional provisions, early termination and devolved positions
RRA 2025 (England, 1 May 2026): abolishes all new fixed-term ASTs; all new tenancies periodic from outset; no fixed end date; landlord can only recover possession using statutory grounds; s.21 abolished from 1 May 2026 for all ASTs (including transitional). Existing fixed terms: continue to run to natural expiry — RRA 2025 does not retrospectively convert them; on expiry, automatically transition to periodic tenancy under new RRA 2025 regime; no further fixed-term renewal available. Early termination by tenant: tenant liable for rent to end of fixed term (unless break clause exercised); landlord duty to mitigate — must actively market and re-let; agreed surrender with compensation is cleanest route.
- PRS Property Portal (RRA 2025): mandatory registration from introduction (expected late 2026); required before granting new periodic tenancies; no new fixed-terms to which old pre-conditions applied
- Wales: occupation contracts (RHWA 2016) already periodic-only since 1 December 2022; s.21 equivalent abolished since that date; Section 173 notice (min 6 months) for no-fault possession
- Scotland: PRT periodic from start since 1 December 2017 (PH(T)(S)A 2016); Scottish landlords have operated under periodic-only regime for years; RRA 2025 does NOT apply in Scotland
- NI: Private Tenancies (NI) Order 2006 — fixed-term tenancies remain available in NI; RRA 2025 does NOT apply; NI Landlord Registration mandatory