Most landlords are familiar with the assured shorthold tenancy (AST) running for a fixed term, typically 6 or 12 months. When the fixed term expires and neither party serves notice, the tenancy rolls into a statutory periodic tenancy — continuing month-to-month or week-to-week on the same terms as the original agreement.
The Renters' Rights Act 2025, expected to come into force during 2025–2026, fundamentally changes this landscape by abolishing fixed-term assured tenancies altogether. When the Act applies, all new lettings will be periodic from day one, and existing fixed-term tenancies will convert at the Act's commencement date. Understanding how periodic tenancies work is now essential knowledge for every UK landlord.
What is a periodic tenancy?
A periodic tenancy is a tenancy that runs for successive periods without a fixed end date. The period is defined by how often rent is paid:
- Monthly periodic tenancy: runs month-to-month, the most common type for residential lettings
- Weekly periodic tenancy: runs week-to-week, common for lodger arrangements or historical housing association tenancies
- Quarterly periodic tenancy: less common, used in some commercial arrangements
- A statutory periodic tenancy arises automatically when a fixed-term AST expires and the tenant remains in occupation without a new fixed-term being agreed
- The terms of the statutory periodic tenancy are the same as the original AST except those which are inconsistent with a periodic tenancy (e.g. a fixed end date is replaced by the periodic cycle)
Periodic tenancies under the Renters' Rights Act 2025
The Renters' Rights Act 2025 abolishes fixed-term assured tenancies for private residential lettings in England. Once in force:
- All new assured tenancies granted in England will be periodic tenancies from day one — it will not be possible to grant a new fixed-term AST
- Existing fixed-term ASTs will automatically become periodic tenancies on the Act's commencement date
- The period will be monthly for most tenancies (matching the rent payment interval)
- Tenants will be able to give two months' notice to end the tenancy at any point after the first six months
- Landlords will only be able to end the tenancy by serving a valid notice under one of the statutory grounds set out in the Act
- The Act creates a mandatory minimum 12-month period at the start of any tenancy during which landlords cannot use Ground 1 (own occupation) or Ground 1A (sale)
- Scotland and Wales already have periodic-only tenancy systems: the Private Residential Tenancy in Scotland and the Occupation Contract in Wales
How rent is increased in a periodic tenancy
In a statutory periodic tenancy (or a periodic tenancy under the Renters' Rights Act), rent can only be increased using the Section 13 procedure or by agreement:
- Section 13 notice: The landlord serves a prescribed-form notice proposing a new rent, giving at least one month's notice (or one rental period if that is longer) before the proposed increase date
- Frequency limit: A Section 13 notice cannot be served more than once in any 52-week period — landlords cannot increase rent more than once a year
- Tenant's right to challenge: The tenant can refer the proposed increase to the First-tier Tribunal (Property Chamber) before the effective date; the Tribunal sets a market rent, which cannot exceed the landlord's proposed figure
- Mutual agreement: Landlords and tenants can agree a rent increase in writing at any time without using Section 13, but using the formal procedure is advisable
- What you cannot do: You cannot increase rent by simply issuing a new rent demand or verbal agreement — for periodic tenancies, Section 13 is the statutory procedure and departure from it is invalid
- Renters' Rights Act changes: The Act retains Section 13 but removes the ability to challenge an increase solely on the basis that the increase exceeds CPI or market rent; the Tribunal will set market rent
How a landlord can end a periodic tenancy (current law)
Under the current law (before the Renters' Rights Act fully applies), a landlord can end a periodic tenancy by serving:
- Section 21 notice: A 'no-fault' notice requiring at least 2 months' notice, ending on the last day of a rental period. Section 21 will be abolished when the Renters' Rights Act comes into force
- Section 8 notice: A notice citing one or more of the statutory grounds for possession under Schedule 2 of the Housing Act 1988. The notice period depends on the ground (e.g. 14 days for serious rent arrears under Ground 8, 2 months for grounds such as own occupation under Ground 1)
- Once a valid Section 8 or Section 21 notice expires, the tenant does not automatically have to leave — the landlord must apply to court for a possession order if the tenant does not vacate
- A possession order must be enforced by a county court bailiff or a High Court enforcement officer if the tenant still does not leave
How a landlord ends a periodic tenancy under the Renters' Rights Act
When the Renters' Rights Act is in force, Section 21 will no longer be available. Landlords will need to rely on specific grounds:
- Mandatory grounds: The court must grant possession if the ground is proved — Ground 8 (serious rent arrears: at least 3 months' arrears at notice and hearing), Ground 1 (landlord or family member to occupy), Ground 1A (property to be sold), Ground 7A (anti-social behaviour conviction)
- Discretionary grounds: The court may grant possession if it considers it reasonable — Ground 10 (some rent arrears), Ground 12 (breach of tenancy term), Ground 13 (deterioration of property), Ground 14 (nuisance or annoyance)
- Minimum 12-month protection: Grounds 1 and 1A cannot be used until at least 12 months after the tenancy started
- Notice periods: Most grounds require 2 months' notice; anti-social behaviour grounds (Ground 14) require only 1 month; serious arrears grounds (Ground 8) require 4 weeks' notice (increased from 14 days)
- Property Portal: Landlords must be registered on the Government's Property Portal to serve a valid notice under the new system — non-registered landlords cannot serve valid possession notices
How a tenant ends a periodic tenancy
Tenants have the right to end a periodic tenancy by giving notice. The required notice period depends on the tenancy type:
- Current law: A tenant must give at least one rental period's notice (usually one month for a monthly tenancy), ending on the last day of the rental period
- Renters' Rights Act: Tenants can give two months' notice ending on any day after the first six months of the tenancy
- A tenant who simply leaves without notice may still be liable for rent until a valid notice period expires or a new tenant takes over
- If a joint tenant gives notice to quit, it ends the periodic tenancy for all joint tenants — the remaining tenants will need a new agreement with the landlord if they wish to stay
- A tenant's notice to quit must be in writing and must specify the date the tenancy is to end — verbal notice is not sufficient
Common mistakes landlords make with periodic tenancies
Errors in managing periodic tenancies can invalidate notices and expose landlords to liability:
- Wrong notice date: A Section 21 notice for a periodic tenancy must expire on the last day of a rental period — getting the date wrong makes the notice invalid
- Using the wrong form: After April 2024, Form 6A must be used for all Section 21 notices in England. Older forms are no longer valid
- Failing the prescribed information requirement: Section 21 is barred if you have not provided the deposit prescribed information, a valid EPC, a current gas safety certificate, and the How to Rent guide at the start of the tenancy (or latest edition if updated)
- Not using Section 13 for rent increases: Simply telling a tenant rent is going up without serving the prescribed notice form is not valid for periodic tenancies
- No written tenancy agreement: Under the Renters' Rights Act, a landlord must provide a written statement of terms; failure is a civil penalty offence and may bar possession notices
- Not being registered on the Property Portal: From commencement of the Renters' Rights Act, non-registration will bar valid possession notices
Frequently asked questions
Does a periodic tenancy automatically end when I want it to?+
No. A periodic tenancy continues indefinitely until one party serves a valid notice. As a landlord, you cannot end a periodic tenancy simply by telling the tenant to leave or stopping acceptance of rent. You must serve a valid notice (currently Section 21 or Section 8; post-Renters' Rights Act, only Section 8 grounds). If the tenant does not leave after the notice expires, you must apply to court for a possession order.
What happens to my fixed-term AST when the Renters' Rights Act comes into force?+
On the commencement date of the Renters' Rights Act (expected 2025–2026), your existing fixed-term AST will automatically convert into a periodic tenancy. You will not need to serve any notice or sign a new agreement — the conversion happens by operation of law. The tenancy terms remain the same, but the tenancy will run month-to-month from that date. You will no longer be able to grant a new fixed-term AST after that date.
How often can I increase rent in a periodic tenancy?+
You can only increase rent once in any 52-week period using the Section 13 notice procedure. You must give at least one month's notice (or one rental period if longer) before the new rent takes effect. The tenant can challenge the proposed increase at the First-tier Tribunal, which will set a market rent — but the Tribunal cannot set a rent higher than the landlord's proposed figure.
Can I still use Section 21 in 2026?+
Section 21 remains available until the Renters' Rights Act comes into force in England. Once the Act commences, Section 21 is abolished for all tenancies — including those that started before the Act. After abolition, all possession notices must cite a statutory ground under Section 8 of the Housing Act 1988 (as amended by the Renters' Rights Act). Check the latest government guidance for the confirmed commencement date.
Does my tenant have to leave when the periodic tenancy notice expires?+
No. The expiry of a valid notice does not automatically end the tenancy in practice. If the tenant remains in occupation, you must apply to the county court for a possession order. Only once a court has granted a possession order — and if the tenant still does not leave, a warrant of possession and bailiff attendance — can you recover the property. Self-help eviction is illegal and can result in criminal prosecution under the Protection from Eviction Act 1977.