Periodic Tenancies After the Renters' Rights Act

Quick answer

Under the Renters' Rights Act, every assured tenancy in England is a periodic tenancy from the appointed day. There is no fixed term. The tenant pays rent in monthly periods (or whatever the rent cycle is), can leave with two months' written notice from any date, and continues until ended by either party using the statutory routes. Landlords cannot end the tenancy with no fault, cannot offer a "new" fixed term, and cannot tie tenants in with renewal fees.

What has changed?

The Housing Act 1988 assured shorthold tenancy regime — with its fixed term, then "statutory periodic" rollover — is replaced by a single open-ended assured periodic tenancy.

The mechanics of the new periodic tenancy

• The period matches the rent cycle (monthly rent = monthly period).
• The tenancy runs until the tenant serves two months' written notice, or the landlord recovers possession under Section 8.
• There is no maximum length, no automatic renewal, and no fixed-term break clause.
• Joint tenants: any one joint tenant can serve notice that ends the whole tenancy.

Why the change matters

Fixed terms gave landlords predictability and tenants security. The new model swaps that for flexibility. Tenants can leave at any point; landlords lose the lever of "we'll let it run periodic, or you can sign for another year". The compensation for the landlord side is the wider Section 8 grounds and the structured Section 13 rent-review process.

What landlords need to do now

1. Stop offering fixed terms in new tenancies

Any new tenancy signed after commencement is, by law, a periodic assured tenancy. A "12-month fixed term" clause in your template is unenforceable. Remove it and replace with a statement of the tenancy type.

2. Re-issue a written statement of terms

Within the first month after commencement, give every existing tenant a written statement covering the parties, property, rent, deposit, address for service, and the new notice rules.

3. Build a tenant-departure forecast

Because tenants can leave with two months' notice at any point, model your cash flow differently. A simple rolling forecast (rent, void weeks budgeted at 4–6%, re-let costs) keeps you ahead of surprises.

4. Plan re-letting around the two-month window

You will get less notice of vacancies than you used to. Have a re-let pack ready: photos, EPC, gas safety, draft listing copy, viewing slots. Smart Sleep Property's tenancy module triggers a re-let checklist the moment a notice arrives.

5. Update joint-tenancy clauses

Document who is on the tenancy and what happens if one joint tenant serves notice. Plan how you would re-let to remaining occupiers (new tenancy, fresh deposit, fresh prescribed information).

6. Stop charging renewal admin fees

There is no renewal. Any fee on tenancy continuation is a prohibited payment under the Tenant Fees Act 2019.

Common mistakes to avoid

Trying to enforce a "minimum term"

A clause saying "the tenant must stay for at least 12 months" is not enforceable against the statutory two-month notice. The tenant can leave earlier.

Treating the tenancy as still a "shorthold"

The category is gone. Forms, letters and notices that say "AST" should be updated.

Forgetting joint-tenant dynamics

A joint tenancy in a shared house ends entirely when one tenant serves notice. Plan for it; do not be surprised by it.

Charging for a "tenancy continuation"

There is nothing to charge for. Continuation is automatic.

Issuing a new tenancy mid-occupancy

If you re-sign existing tenants on a fresh agreement, you reset deposit-protection timing and prescribed-information obligations. Do not do it without a clear reason.

FAQ

Is every tenancy now periodic?

Yes — every new and existing assured tenancy in England from the appointed day.

What is the period?

It matches the rent cycle (usually monthly).

Can I offer a fixed term to a tenant who wants one?

No. The law overrides the contractual fixed term.

Can the tenant leave at any time?

Yes — with two months' written notice from any date.

Do I still need to issue How to Rent?

Yes — at the start of every new tenancy and after any update.

What happens if a joint tenant serves notice?

The whole tenancy ends for everyone on the appointed date.

Can I require a longer tenant notice?

No — two months is the statutory minimum and ceiling.

Can I charge a renewal fee?

No — it is a prohibited payment.

What if I want certainty for a year?

You can take a tenant who is willing to stay; you cannot bind them legally.

Does this affect my mortgage?

Most BTL lenders have confirmed continuity for converted AST consents — confirm in writing with your lender.

References

• Renters' Rights Act 2025, legislation.gov.uk
• Housing Act 1988, Sections 5–7, legislation.gov.uk
• Tenant Fees Act 2019, legislation.gov.uk
• MHCLG guidance: periodic tenancies, GOV.UK

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*Reviewed by the Smart Sleep Property Editorial Team. General information for landlords in England, with Norfolk context. Not legal advice.*