Periodic Tenancies Under the Renters' Rights Act 2025

What is a periodic tenancy?

A periodic tenancy is one that rolls on from period to period — usually month to month — with no defined end date. It continues indefinitely until one party ends it by following the correct legal process.

Before the Renters' Rights Act, periodic tenancies typically arose in two ways. First, a statutory periodic tenancy arose automatically when a fixed-term AST expired and the tenant did not vacate and no new fixed-term agreement was signed. Second, a contractual periodic tenancy was created from the outset, often for short-term or informal arrangements.

From 1 May 2026, all tenancies are periodic from the outset. There is only one type: a periodic assured tenancy. The monthly rolling period aligns with the rent payment period — if a tenant pays monthly, the tenancy rolls monthly.

What stays the same?

Converting from a fixed-term to a periodic tenancy does not change:

• The rent amount (unchanged until varied by the Section 13 process)
• The tenant's name and identity
• The property address
• The landlord's obligations (repair, maintenance, safety certificates)
• The tenant's obligations (paying rent, keeping the property in good condition, not subletting without permission)
• The deposit amount held and the protection scheme it is registered with

What changes?

The key changes are:

• There is no fixed end date. The tenancy continues until ended by notice.
• The landlord cannot end the tenancy using Section 21. Section 8 is the only route to possession.
• The tenant can give 2 months notice at any time to leave.
• There is no need to sign a new agreement when the tenancy would previously have been "renewed".

How the rolling period works

The rolling period of a periodic tenancy matches the rent payment frequency. For monthly tenancies (the most common arrangement), the tenancy rolls month to month. The period determines the minimum notice periods and how notice aligns with payment dates.

In practice, the vast majority of private tenancies in England involve monthly rent. This means most periodic tenancies will be monthly periodic tenancies. The practical implications of the monthly rolling period are:

• The tenancy anniversary date is the same date each month as the original start date (e.g., a tenancy that started on the 15th of a month renews on the 15th of each month)
• Notice to end the tenancy should align with the payment period where possible, though the Act does not strictly require this
• Any changes to the tenancy terms (other than rent increases, which follow Section 13) should be agreed in writing and effective from the start of a new period

What if rent is paid weekly?

Where rent is paid weekly (more common in older tenancies and some HMO arrangements), the tenancy may roll weekly. The same principles apply — the rolling period matches the payment frequency. Notice periods of 2 months for tenants apply regardless of the rolling period.

How a tenant ends a periodic tenancy

A tenant ends a periodic tenancy by giving at least 2 months written notice. The notice can be given at any time and does not require any specific government form. The tenancy ends on the date stated in the notice, provided it is at least 2 months from the date of service.

Requirements for a valid tenant notice

For a tenant's notice to end a periodic tenancy to be valid under the Renters' Rights Act 2025, it must:

• Be in writing (a letter, email, or text message — any written format)
• State clearly that it is a notice to end the tenancy
• State the date on which the tenancy will end
• Be signed by all tenants named on the tenancy agreement (for joint tenancies)
• Give at least 2 months from the date it is served

There is no prescribed government form for a tenant's notice to quit under the new regime (unlike landlord notices which use specific Section 8 forms). Any clear written notice meeting the above requirements is valid.

Can a tenant give notice on day one?

Yes. Under the Renters' Rights Act 2025, there is no minimum period of residence before a tenant can serve notice. A tenant who moves in on 1 June could theoretically serve notice on 1 June, with the tenancy ending on 1 August. This is a significant change from the fixed-term model, where a tenant was bound for the full term (typically 6 or 12 months).

In practice, most tenants move because they want somewhere to live for a meaningful period. Very early departures are likely to be rare. However, landlords should be aware of this and price void risk into their letting decisions.

Joint tenancies and notice

For joint tenancies (where two or more tenants share a single tenancy agreement), all joint tenants must agree to end the tenancy. One joint tenant cannot end the tenancy on behalf of the others without their consent. This means that in a joint tenancy, a tenant who wants to leave cannot unilaterally end the whole tenancy — they would need to negotiate with the other tenants and the landlord about replacing their name on the tenancy or other arrangements.

This is an important protection for other joint tenants who may wish to remain. It also means landlords with joint tenancies have some protection against unexpected early departures — the tenancy cannot be ended by one departing flatmate acting alone.

How a landlord ends a periodic tenancy

A landlord can only end a periodic tenancy by obtaining a court possession order using Section 8 of the Housing Act 1988. There is no landlord equivalent of the tenant's 2-month notice — landlords must have a recognised legal ground and follow the court process.

The Section 8 grounds available to landlords

Section 8 contains a list of grounds on which a landlord can seek possession. Some are mandatory (the court must grant possession if the ground is proven) and some are discretionary (the court may grant possession at its discretion). The key grounds landlords will use most frequently include:

The 12-month protection for Ground 1 and Ground 1A

One of the most significant restrictions in the Renters' Rights Act is that landlords cannot use Ground 1 (moving in) or Ground 1A (selling) during the first 12 months of a tenancy. This provides new tenants with a guaranteed period of security — they cannot be evicted for the landlord's own purposes in the first year.

Critically, this 12-month period runs from the tenancy start date. For existing tenancies converting to periodic on 1 May 2026, if the tenancy started more than 12 months ago, Grounds 1 and 1A are available immediately from 1 May 2026. If the tenancy started within the last 12 months, the ground becomes available on the 12-month anniversary of the tenancy start date.

The court process for Section 8 possession

To end a tenancy using Section 8, the landlord must:

1. Serve a valid Section 8 notice on the correct prescribed form (Form 3 for most grounds), stating the grounds relied upon and the date after which court proceedings will be issued
2. Wait for the notice period to expire (varying by ground — from no minimum for Ground 14 to 4 months for Grounds 1 and 1A)
3. If the tenant does not vacate, issue possession proceedings at the county court
4. Attend the hearing (or have a solicitor represent you)
5. If possession is granted, obtain and enforce the possession order

For a full step-by-step guide to the Section 8 process, see our Section 8 eviction guide.

Rent increases in periodic tenancies

Rent in a periodic tenancy can only be increased once every 12 months using the Section 13 process. The landlord must give at least 2 months written notice using the prescribed Form 4. Tenants can challenge the increase at the First-tier Tribunal.

Under the Renters' Rights Act, any contractual rent review clauses in tenancy agreements are superseded by the statutory Section 13 process. Even if a tenancy agreement contains a clause allowing rent to be increased at certain intervals, the landlord must still follow the Section 13 notice procedure.

How Section 13 works in a periodic tenancy

To increase rent in a periodic tenancy, the landlord must:

1. Complete Form 4 (Landlord's notice proposing a new rent) — available from gov.uk
2. Serve the form on the tenant at least 2 months before the proposed increase date
3. Ensure no rent increase has been made in the preceding 12 months
4. Wait for the tenant to either accept the new rent or challenge it at the First-tier Tribunal

If the tenant does not challenge the increase at the tribunal before the date specified in the Form 4, the new rent becomes payable on that date. If the tenant does refer it to the tribunal, the tribunal will determine the market rent for the property and that amount becomes the new rent. See our full guide on rent increases under the Renters' Rights Act.

What "market rent" means

When a tenant challenges a Section 13 increase at the tribunal, the tribunal assesses what rent a willing landlord and willing tenant would agree for the property in the open market. Tribunal members typically consider:

• Comparable rents for similar properties in the area
• The condition and facilities of the property
• Any recent improvements or deterioration
• Local rental market trends

The tribunal can set the rent at any figure it considers to be market rate — including below the current rent if the current rent is above market rate. However, the government has confirmed that the tribunal cannot set rent below what the tenant was already paying at the time of the notice.

Practical implications for landlords managing periodic tenancies

Planning for longer tenures and no guaranteed exit points

The most significant practical change is that landlords no longer have predictable exit points. Under fixed-term tenancies, a landlord knew that at the end of each term, they could review the tenancy, renegotiate terms, or end the relationship using Section 21 if appropriate.

Under periodic tenancies, the tenancy continues indefinitely until the tenant chooses to leave or the landlord successfully pursues Section 8. This means:

• If you want to sell a property, you need to either sell with the tenant in situ, or wait until 12 months into the tenancy and then serve a Section 8 Ground 1A notice and wait through the court process
• If you want to renovate, you need a valid ground (most likely Ground 6 — substantial works requiring possession) and the court process
• If you want to move in, you need Ground 1 and the 12-month waiting period
• If a tenant is paying rent on time and not breaching their agreement, you cannot remove them simply because you want the property back

Record-keeping becomes more important

With Section 8 as the only eviction route, the quality of your records directly affects your ability to recover possession if needed. For any ground you might rely on, you need documentary evidence:

• Rent arrears: bank statements showing missed payments, rent ledgers, any repayment plans
• Breach of tenancy: evidence of the breach (photos of damage, written complaints from neighbours, documented incidents)
• Ground 1A (selling): you should be genuinely intending to sell and be able to demonstrate it
• Ground 1 (moving in): evidence of genuine intention to occupy as your main or principal home

LandlordOS keeps all tenancy documents, communications, and records in one place, making it straightforward to compile evidence if you need to initiate possession proceedings.

Arrears management becomes more critical

Under the old Section 21 route, a landlord could end a tenancy for any reason, including simply having a tenant who was difficult or paying late. Under the new regime, you need to document arrears carefully and reach the Ground 8 threshold (2 months rent unpaid at notice and at hearing) for mandatory possession, or use discretionary grounds for smaller arrears.

Best practice for arrears management in a periodic tenancy regime:

• Act early when rent is late — contact the tenant within days of a missed payment
• Document all communications in writing (follow up phone calls with an email)
• Consider a formal repayment plan for short-term arrears, in writing
• Issue a Section 8 notice on Grounds 10/11 when arrears reach 1 month, even if you intend to negotiate — the notice period gives time for the issue to resolve while protecting your position
• Review your rent guarantee insurance to ensure it covers the new eviction timeline

Buy-to-let mortgage considerations

Most buy-to-let mortgage lenders have updated their criteria to accept periodic tenancies. The shift from fixed-term to periodic does not in itself trigger any mortgage condition breach for most products. However, check your specific mortgage terms if:

• Your product requires a minimum assured tenancy of a specific length
• You have a commercial property mortgage that references residential tenancy terms
• You are refinancing and want to confirm the new product is compatible with periodic tenancies

Landlord insurance in the periodic tenancy era

The timeline for recovering possession using Section 8 is longer than the old Section 21 process in most cases. Ground 8 for rent arrears is the fastest mandatory ground, but even this typically takes 3-6 months from notice to possession order. During that period, arrears accumulate.

Landlords should review their rent guarantee insurance to ensure:

• Cover begins from the first missed payment, not after a waiting period
• The policy covers legal costs for Section 8 proceedings
• The maximum claim period is sufficient for a realistic Section 8 timeline
• The excess (if any) is acceptable

Increasing rent guarantee cover is a sensible risk management step for any landlord adapting to the new periodic tenancy regime.

Transitional arrangements on 1 May 2026

All existing fixed-term tenancies automatically convert to periodic tenancies on 1 May 2026. No action is required from landlords or tenants for the conversion to take effect. Existing Section 21 notices served before 1 May 2026 remain valid and can be enforced in court.

What happens to in-progress Section 21 cases?

If you served a valid Section 21 notice before 1 May 2026, the notice remains valid and court proceedings can be issued even after the abolition date. Possession orders obtained from pre-abolition Section 21 notices will still be enforced by the courts and bailiffs.

The key requirement is that the notice must have been served before 1 May 2026 and must have been valid at the time it was served (all legal prerequisites met). Court proceedings must then follow within the validity period of the notice (typically 6 months from the notice expiry date, or 4 months from the expiry of the notice period).

Tenancy agreements after 1 May 2026

From 1 May 2026, tenancy agreement templates must be updated to reflect the periodic nature of all tenancies. Any attempt to include a fixed-term end date in a new agreement is ineffective — the tenancy will operate as periodic regardless. Use updated agreement templates from a reputable source (NRLA, a property solicitor, or property management software) that comply with the Renters' Rights Act.