Statutory Periodic Tenancy
A statutory periodic tenancy arises automatically when a fixed-term tenancy ends but the tenant stays in occupation with the landlord’s consent and no new fixed-term agreement is signed. The tenancy “rolls on” from period to period, for example monthly, if rent is paid monthly on essentially the same terms as the original contract, except for clauses that only made sense during the fixed term.
Historically, most private renters in England had assured shorthold tenancies (ASTs) that became statutory periodic at the end of the fixed term. Landlords could then use Section 21 “no-fault” notices to regain possession, provided they complied with strict rules on notice, deposit protection and property standards.
Under the Renters’ Rights Act, the direction of travel is towards open-ended, periodic tenancies as the default, with the abolition of most no-fault evictions. In practice this means the legal difference between a fixed-term AST that later becomes statutory periodic, and a tenancy that is periodic from the outset, is expected to narrow.
For renters, a statutory periodic tenancy still provides legal protection against unlawful eviction and requires proper notice periods. It also offers more day-to-day flexibility, as tenants can usually leave by giving one month’s notice, rather than being tied to a long fixed term.
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