Periodic tenancies under the Renters' Rights Act
Every private tenancy in England became a periodic tenancy on 1 May 2026. What it means for fixed terms, rent periods, ending a tenancy and penalties.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- Since 1 May 2026 every private assured tenancy in England is an assured periodic tenancy with no end date.
- Fixed terms in existing agreements have no effect, and granting a new fixed term can lead to a civil penalty of up to £7,000.
- Rent periods must be monthly, or 28 days or shorter; longer periods are treated as monthly.
- The tenant can leave on up to 2 months' notice, but you can only end the tenancy with a court order on a Section 8 ground.
A periodic tenancy is a tenancy with no end date that rolls on from one rent period to the next until it is ended properly. Since 1 May 2026, every private assured tenancy in England is an assured periodic tenancy: fixed terms have no effect, the tenant can leave on up to 2 months' notice, and you can only end the tenancy with a court order on a Section 8 ground.
What is a periodic tenancy?
A periodic tenancy, often called a rolling tenancy, runs from one rent period to the next. If the rent is monthly, it renews every month. If the rent is weekly, it renews every week. There is no date on which it simply ends.
The Renters' Rights Act made this the only kind of private assured tenancy in England. The Housing Act 1988 now calls it a "section 4A assured tenancy". Its periods match the rent periods in the agreement.
These rules cover private landlords in England. Social housing moves to the new system later, and Wales has its own law under the Renting Homes (Wales) Act 2016. If your tenant is a lodger in your own home, different rules apply; see our guide to evicting a lodger.
Why is every tenancy now an assured periodic tenancy?
Two rules started on 1 May 2026:
- Existing tenancies converted. Every private assured tenancy in place on 1 May 2026, including every assured shorthold tenancy, continued as an assured periodic tenancy. Any term providing for a fixed term stopped having effect.
- New fixed terms are banned. Granting, or purporting to grant, a fixed-term assured tenancy is a breach of section 16E of the Housing Act 1988. The council can impose a civil penalty of up to £7,000.
Since 27 December 2025, tenancies of more than 21 years can no longer be assured tenancies, so long leases sit outside these rules.
What rent periods are allowed?
Rent periods must be monthly, or 28 days or shorter, such as weekly or fortnightly. A tenancy with a longer rent period is treated as monthly.
Existing tenancies with longer periods, such as quarterly or annual rent, switched to monthly periods from the day after the rent period in which 1 May 2026 fell. The rent is apportioned using a formula set out in Schedule 6 of the Act.
Example. A tenant paid a year's rent each 1 January. The rent period running on 1 May 2026 was 1 January to 31 December 2026, so the tenancy runs in monthly periods from 1 January 2027.
Watch out: the Ground 8 rent arrears thresholds only cover rent paid weekly, fortnightly or monthly. There is no Ground 8 threshold for 4-weekly (28-day) rent. If you set up a new tenancy, monthly or weekly rent keeps Ground 8 available. Where rent is 4-weekly, you would rely on Grounds 10 and 11 instead, and should speak to a solicitor.
Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
Start now · £39How does a periodic tenancy end?
If the tenant wants to leave, they give at least 2 months' notice in writing, ending on a rent day or the day before. You can agree a shorter period in writing, but you can't require more than 2 months. See our guide to how tenants end a tenancy.
If you want the property back, you can only end the tenancy through a court order and its enforcement. That means serving a Section 8 notice on Form 3A relying on a ground, waiting for the notice period, and applying to court if the tenant stays. A notice to quit from the landlord has no effect.
Under the general law, a tenancy can also end by surrender, where the tenant gives it up and you accept that. If the tenant simply disappears, there is no statutory abandonment procedure, so read our guide to an abandoned property before you go in.
What happened to fixed terms and break clauses?
On 1 May 2026, fixed terms in private tenancy agreements stopped having effect. Three consequences matter in practice:
- The start date doesn't reset. A fixed-term tenancy and the periodic tenancy that followed it count as one tenancy, starting when the fixed term began. On our reading, that is the date that counts for the 12-month protected period on Grounds 1 and 1A.
- Break clauses lose their purpose. They were a way to end a fixed term early. With no fixed term, the tenant can leave on up to 2 months' notice anyway, and you can only end the tenancy through Section 8.
- Rent review clauses have no effect. The only way to raise the rent is a Section 13 notice on Form 4A. See rent increases on a periodic tenancy.
Old fixed-term AST vs assured periodic tenancy
| Fixed-term AST (before 1 May 2026) | Assured periodic tenancy (now) | |
|---|---|---|
| Length | A fixed term set in the agreement | No end date |
| Landlord ending it | Section 21 or Section 8 | Section 8 only, then a court order |
| Tenant ending it | Depended on the agreement | Up to 2 months' notice at any time |
| Rent increases | Rent review clause, or a Section 13 notice on Form 4 | Section 13 on Form 4A only, once a year |
| Rent in advance | Set by the agreement (existing arrangements can continue) | No rent before the tenancy is agreed, then at most the first month (or 28 days) |
| Written information | How to Rent guide | Written statement of terms before the tenancy |
Common mistakes with periodic tenancies
- Still issuing 12-month agreements. The fixed term has no effect, and granting one risks a £7,000 penalty.
- Sending a "notice to vacate" letter. A landlord's notice to quit has no effect. A written document that tries to end the tenancy outside section 8 can count as a "purported notice of possession", which also carries a penalty of up to £7,000.
- Agreeing an end date verbally. Ending a tenancy orally, or requiring it to be ended orally, is itself a breach.
- Using quarterly or annual rent periods. They are treated as monthly anyway, and they complicate rent arrears calculations.
- Assuming an existing tenancy started on 1 May 2026. It started when the original agreement began, which matters for grounds with time limits.
What to do next
If you need the property back from a periodic tenant, our Section 8 notice builder checks your ground, the notice period and the protected period, then fills in Form 3A. For the other changes the Act made, go back to the Renters' Rights Act hub, or read what happened to existing tenancies on 1 May 2026.
Section 8 notice
Section 8 notice (Form 3A)
Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
Can I still offer a 12-month tenancy if the tenant asks for one?
No. Any fixed term in a private assured tenancy has no effect, and granting or purporting to grant one is a breach that can lead to a civil penalty of up to £7,000. A tenant who wants security can simply stay, because you can only end the tenancy on a Section 8 ground.
Is an assured periodic tenancy the same as the old statutory periodic tenancy?
Not quite. Before May 2026, a statutory periodic tenancy arose when a fixed-term assured shorthold tenancy ended. Now every private assured tenancy is periodic from the start, and existing tenancies, including those that were statutory periodic, continued as assured periodic tenancies on 1 May 2026.
Do I need to give existing tenants a new tenancy agreement?
No. GOV.UK says you don't have to change or re-issue an existing written agreement. The fixed term and any other terms that conflict with the Act simply have no effect, and tenants were told about the changes through the Information Sheet.
Can a tenant leave after only a month or two?
A tenant must give at least 2 months' notice unless you agree a shorter period in writing. We have found no rule that stops a tenant giving notice early in the tenancy, so in practice a tenancy could end after about 2 months, although GOV.UK does not say this in terms.
Sources
Related guides
Renters' Rights Act 2025: what landlords must do now
What the Renters' Rights Act changed for landlords in England on 1 May 2026, the dates still to come, and a checklist of what you must do now.
How tenants end a tenancy now: notice to quit rules
Tenant notice to quit rules since 1 May 2026: the 2-month cap, end dates on a rent day, joint tenants, and what a landlord can and can't insist on.
Does the Renters' Rights Act apply to existing tenancies?
Does the Renters' Rights Act apply to existing tenancies? Yes. What changed on 1 May 2026 for tenancies signed earlier: old notices, rent rises and deadlines.
Periodic tenancy rent increases: how to raise the rent
Every private tenancy in England has been periodic since 1 May 2026. How a periodic tenancy rent increase works for rolling contracts and former ASTs.
Section 8 notice: how to serve a valid notice in 2026
Prepare a Section 8 notice on Form 3A for England: choose the right grounds, get every date right and serve it properly. Checked against the 2026 rules.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.