Periodic tenancy

A periodic tenancy is a rolling tenancy agreement with no fixed end date, which continues automatically from one rent period to the next, typically month to month, until either the landlord or the tenant brings it to an end through the correct legal process. Governed in England by the Housing Act 1988 (as amended by the Renters' Rights Act 2025), a periodic tenancy is now the only form of assured residential tenancy available in the private rented sector. From 1 May 2026, all new lets must be periodic from the outset, and all pre-existing fixed-term assured shorthold tenancies converted automatically on that date, as confirmed by GOV.UK guidance for landlords.

Types of periodic tenancy

There are two types, and understanding the distinction remains relevant for any tenancy that began before May 2026.

A contractual periodic tenancy is one agreed from the outset. The tenancy agreement specifies that the arrangement will be periodic with no fixed end date, or, in older agreements, that the tenancy will become periodic once a fixed term expires. The contractual terms govern how the tenancy operates throughout.

A statutory periodic tenancy arises automatically by operation of law, specifically under Section 5 of the Housing Act 1988, when a fixed-term assured shorthold tenancy expires and the tenant remains in occupation without either party signing a new agreement. The tenancy period, and therefore the minimum notice period, follows the rent payment frequency: a monthly rent payer has a monthly statutory periodic tenancy. Before May 2026, the statutory periodic tenancy was the most common form that landlords encountered when tenants stayed beyond a fixed term. Since May 2026 the distinction between the two types has largely collapsed, as all new lets are simply periodic from day one.

From 1 May 2026, all private residential periodic tenancies in England take the specific statutory form of an assured periodic tenancy (APT), the only tenancy type permitted under the Renters' Rights Act 2025.

Notice periods

A tenant wishing to end a periodic tenancy must give at least two months' written notice, which can be served by letter, email, or text and should expire at the end of a rent period. This minimum applies regardless of what any tenancy agreement says, a shorter contractual notice period is void under the Renters' Rights Act.

A landlord cannot end a periodic tenancy by notice alone; they must serve a valid Section 8 notice citing a statutory ground for possession under Schedule 2 of the Housing Act 1988. The notice period varies by ground, four months for sale or occupation grounds, four weeks for serious rent arrears. The Section 21 no-fault route was abolished for all tenancies from 1 May 2026 and cannot be used regardless of when the tenancy originally began.

Rent increases on a periodic tenancy

Rent can be increased on a periodic tenancy only once every twelve months, and only by serving a Section 13 notice using Form 4A with at least two months' notice. Contractual rent review clauses in tenancy agreements are no longer valid; the Section 13 procedure is the sole lawful mechanism. The tenant has the right to challenge any proposed increase at the First-tier Tribunal, which will assess whether it reflects the open market rent. From working with self-managing landlords across the UK, August sees that many landlords transitioning from fixed-term renewals, where they could adjust rent with each new agreement, have found the Section 13 process more restrictive than expected. Keeping clear records of each notice served and the effective date is essential if a tenant challenges the increase at tribunal.

Deposit continuity on a periodic tenancy

When a tenancy moves from a fixed term into a periodic phase, the tenancy deposit does not need to be re-protected and the prescribed information does not need to be re-served, provided the deposit has already been correctly protected and the tenancy is treated as one continuing arrangement. Under the Renters' Rights Act, the 1 May 2026 conversion of existing ASTs into APTs is also treated as a continuation of the same tenancy, so no re-protection of deposits is required as a result of that conversion alone. Landlords using August's document management feature can store deposit protection certificates and prescribed information against the tenancy record so that evidence is accessible if a possession claim arises.

Periodic tenancy vs fixed-term tenancy

The defining difference is certainty. A fixed-term tenancy locked both parties in for an agreed period; neither could exit early except via a break clause, and the landlord could reclaim the property at the end of the term without giving reasons. A periodic tenancy has no natural end point. It offers tenants greater security, they cannot be removed without a valid statutory ground, and offers landlords a continuous tenancy relationship without the administrative burden of renewal. Under the current regime this is not a choice: all private assured tenancies must now be periodic. The concept of "renewing" a tenancy by signing a new fixed term no longer exists in the private rented sector in England.

Statutory basis

The periodic tenancy in the private rented sector is governed by the Housing Act 1988, as substantially amended by the Renters' Rights Act 2025. Section 5 of the 1988 Act created the statutory periodic tenancy mechanism. Section 1 of the Renters' Rights Act abolishes fixed-term tenancies and requires all new assured tenancies to be periodic. GOV.UK maintains guidance for both landlords and tenants on the current assured periodic tenancy regime. The Renters' Rights Act applies in England only. Scotland uses the private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016; Wales uses the standard occupation contract under the Renting Homes (Wales) Act 2016.

Our guide to tenancy agreements in 2026 covers what a compliant agreement must contain under the new regime. The full legislative context is explained in August's Renters' Rights Act hub.

Frequently asked questions

Is a rolling tenancy the same as a periodic tenancy?

Yes. "Rolling tenancy" and "rolling contract" are colloquial terms for the same arrangement. The statutory term is periodic tenancy, and since May 2026 all new private assured tenancies in England are rolling from the outset.

What is the difference between a contractual and a statutory periodic tenancy?

A contractual periodic tenancy is agreed between the parties from the start or written into the original fixed-term agreement. A statutory periodic tenancy arises automatically by law when a fixed-term AST expires and the tenant stays on. Since 1 May 2026, the practical distinction has narrowed significantly: all new lets are periodic from day one and both types now sit within the assured periodic tenancy framework.

Can a landlord end a periodic tenancy without a reason?

No. The Section 21 no-fault notice has been abolished for all tenancies from 1 May 2026. A landlord must have a valid ground for possession under Section 8 of the Housing Act 1988 and serve the correct notice for that ground before applying to court.

Does a periodic tenancy need to be in writing?

Under the Renters' Rights Act, all new assured periodic tenancies entered into from 1 May 2026 must include or be accompanied by a Written Statement of Terms before the tenancy is signed. An oral agreement is technically possible, but where one exists the landlord must still provide the written statement, and failure to do so can affect the landlord's ability to recover possession and may attract a civil penalty of up to £7,000.

Last reviewed: May 2026 by the August editorial team. Reflects the law in England as at 1 May 2026, including the Renters' Rights Act 2025. Scotland, Wales and Northern Ireland have different rules.

Related reading: Assured periodic tenancy · Statutory periodic tenancy · Section 8 notice · Renters' Rights Act hub · Tenancy agreement guide 2026