Statutory periodic tenancy
A statutory periodic tenancy is a rolling tenancy created automatically by operation of law under Section 5 of the Housing Act 1988, arising at the moment a fixed-term assured shorthold tenancy (AST) expires and the tenant remains in occupation without a new agreement being signed. Because it is created by statute rather than by agreement between the parties, it is called "statutory", no action is required from either party for it to come into existence. It is one of two forms of periodic tenancy, the other being a contractual periodic tenancy, agreed between the parties from the outset or written into the original fixed-term agreement as a continuation clause.
How a statutory periodic tenancy arises
When a fixed-term AST ends and neither party gives notice or signs a new agreement, Section 5 of the Housing Act 1988 creates a new periodic tenancy automatically. This new tenancy carries over all the terms of the expired fixed-term agreement, the rent, the obligations on both sides, the restrictions on use, except that the fixed end date no longer applies. The period of the tenancy, which determines the minimum notice interval, follows the frequency of rent payment. A tenant paying monthly rent has a monthly statutory periodic tenancy; a tenant paying weekly has a weekly one.
Critically, the statutory periodic tenancy is treated in law as a new tenancy, not a continuation of the old one. This distinction has significant practical consequences for deposit protection, prescribed information, and compliance documents, which are covered below.
Statutory vs contractual periodic tenancy
A contractual periodic tenancy arises when the original fixed-term tenancy agreement contains a clause explicitly providing that the tenancy will continue on a rolling periodic basis once the fixed term ends. In that case, the whole arrangement, fixed term and subsequent periodic phase, is treated as a single continuous tenancy. A statutory periodic tenancy arises when no such clause exists and the tenancy simply continues by default under Section 5.
The practical differences between the two matter primarily for tenancies that were running before 1 May 2026. The table below summarises the key distinctions that applied under the pre-RRA regime:
Issue | Contractual periodic tenancy | Statutory periodic tenancy |
|---|---|---|
Legal status | Continuation of the original tenancy | New tenancy at law |
Deposit re-protection | Not required if already protected | Required — treated as new tenancy |
Prescribed information | Not required to re-serve | Must be re-served |
Council tax during notice | Tenant liable to end of notice period | Tenant liable only while in occupation |
Deposit penalty for non-compliance | 1–3x deposit amount | 2–6x deposit amount (two tenancies in breach) |
From 1 May 2026, fixed-term ASTs no longer exist in the private rented sector in England, so the statutory periodic tenancy cannot arise for new lets. For tenancies that were already running as statutory periodic tenancies before that date, the Renters' Rights Act converted them automatically to assured periodic tenancies (APTs) on commencement.
Deposit protection on a statutory periodic tenancy
Because the statutory periodic tenancy is a new tenancy in law, the deposit protection obligations apply afresh at the point it arises. If the deposit was properly protected during the fixed term and the prescribed information was correctly served, no further action is required, the deposit remains protected and the scheme continues to hold it. However, if the deposit was not protected correctly during the fixed term, the landlord faces liability under two tenancies, not one: the unprotected fixed term and the new statutory periodic tenancy. This doubles the potential penalty range to between two and six times the deposit amount. From working with self-managing landlords across the UK, August consistently finds that deposit protection gaps from the fixed-term phase surface when a statutory periodic tenancy arises and the landlord needs to serve a Section 8 notice, courts scrutinise compliance at that point.
Landlords should also be aware that when a statutory periodic tenancy arises, they are technically required to re-serve certain prescribed information, including the How to Rent guide (if a new edition has been published since the fixed-term began), the current gas safety certificate, a valid EPC, and the prescribed tenancy deposit information. Using August's smart reminders feature to flag when fixed-term expiry is approaching gives landlords time to check compliance before the statutory periodic tenancy arises, rather than discovering the gap at possession stage.
Notice periods
Under the pre-RRA regime, a tenant on a statutory periodic tenancy had to give one month's notice to quit, expiring at the end of a rent period. A landlord had to give two months' written notice under Section 21. These rules no longer apply for tenancies governed by the Renters' Rights Act.
From 1 May 2026, tenants must give a minimum of two months' written notice to end the tenancy. A landlord wishing to end the tenancy must now serve a valid Section 8 notice citing a statutory ground for possession, the no-fault Section 21 route is abolished for all tenancies, including those already running as statutory periodic tenancies before commencement. Notice periods vary by ground: sale of property (Ground 1A) and landlord occupation (Ground 1) require four months, while serious rent arrears (Ground 8) require four weeks. Our guide to Section 8 notices in 2026covers which grounds apply, the evidence required, and the correct notice periods for each.
How the Renters' Rights Act changed things
The Renters' Rights Act 2025, which came into force on 1 May 2026, abolished fixed-term ASTs entirely. As a result, the statutory periodic tenancy can no longer arise for new tenancies. Since there are no fixed-term ASTs to expire, Section 5 of the Housing Act 1988, the mechanism that created statutory periodic tenancies, is effectively redundant for new lets. All existing statutory periodic tenancies running at the commencement date converted automatically to assured periodic tenancies under the new regime.
The concept of the statutory periodic tenancy therefore sits in two timeframes. It is historically significant because it governed the transition phase between a fixed-term AST and the rolling arrangement that followed, and because it exposed landlords to enhanced deposit penalties and compliance obligations. It remains relevant today for understanding any tenancy that was running as a statutory periodic tenancy before May 2026 and converted on commencement, and for interpreting older tenancy documentation. The full legislative context is covered in August's Renters' Rights Act hub.
Statutory basis
The statutory periodic tenancy arises under Section 5 of the Housing Act 1988. The deposit protection obligations are set out in sections 213–215 of the Housing Act 2004, as amended by the Deregulation Act 2015. The Renters' Rights Act 2025, specifically Section 1 and the repeal of Chapter II of Part I of the Housing Act 1988, abolished the fixed-term AST and the conditions that allowed the statutory periodic tenancy to arise for new lets. The Renters' Rights Act applies in England only.
Frequently asked questions
Is a statutory periodic tenancy a new tenancy?
Yes, in law. Unlike a contractual periodic tenancy, which is treated as a continuation of the original fixed-term agreement, the statutory periodic tenancy is considered a new tenancy created by statute at the moment the fixed term expires. This distinction matters for deposit protection, prescribed information obligations, and council tax liability.
What happens to a deposit when a statutory periodic tenancy arises?
If the deposit is already correctly protected and the prescribed information has been served, no re-protection is needed, the existing scheme continues. If there were any deposit compliance failures during the fixed term, those failures carry over into the statutory periodic tenancy and the landlord faces liability under two tenancies. The penalty for non-compliance in this situation can range from two to six times the deposit amount.
Does a statutory periodic tenancy still exist after 1 May 2026?
New statutory periodic tenancies cannot arise after 1 May 2026, because fixed-term ASTs have been abolished. Any statutory periodic tenancy that was running before that date converted automatically to an assured periodic tenancy on commencement. For all practical purposes, from 1 May 2026 the assured periodic tenancy is the only form of periodic tenancy available in the private rented sector in England.
What was the notice period on a statutory periodic tenancy?
Before 1 May 2026, tenants on a statutory periodic tenancy were required to give one month's notice to quit (for a monthly tenancy), expiring on the last day of a rent period. Landlords had to give two months' notice via a Section 21 notice. Both these rules were abolished by the Renters' Rights Act. For tenancies that converted on 1 May 2026, tenants must now give two months' notice and landlords must use Section 8 and a statutory ground.
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: Periodic tenancy · Section 8 notice · Grounds for possession · Renters' Rights Act hub
