Statutory periodic tenancy

What is a statutory periodic tenancy?

A statutory periodic tenancy is a rolling tenancy that arises by operation of law, that is, it is created automatically by statute rather than by agreement between the parties. Historically, a statutory periodic tenancy came into being at the end of a fixed-term Assured Shorthold Tenancy (AST) when neither the landlord nor the tenant served notice and the tenant simply remained in the property.

The period of the tenancy, how often it "turns over", corresponds to the frequency of the rent. If rent was payable monthly under the fixed-term, the periodic tenancy runs month to month. If rent was payable weekly, it runs week to week.

Under the Renters' Rights Act 2025, the distinction between a statutory periodic tenancy and a contractual periodic tenancy has become less significant for most landlords. The Act effectively moves all new private residential lets onto an assured tenancy basis with no fixed term from the outset. Existing ASTs that have already converted to periodic tenancies are now treated within the assured tenancy framework as well.

Statutory versus contractual periodic tenancy

It is worth understanding the distinction between the two, even though the practical differences have narrowed under the new legislation.

A contractual periodic tenancy is one agreed between the parties from the start, typically worded as "monthly rolling" or "periodic from the outset" in the tenancy agreement. A statutory periodic tenancy arises automatically at law without the parties needing to agree to it. The key difference historically was in the notice period required to end the tenancy: statutory periodic tenancies required at least two months' landlord notice, while contractual periodic tenancies could sometimes be ended on shorter notice if the agreement permitted it.

Under the Renters' Rights Act, both types of periodic tenancy now sit within the assured tenancy framework, and possession is governed by the Section 8 grounds regime rather than the notice period mechanics of the old statutory periodic tenancy.

How the Renters' Rights Act has changed periodic tenancies

Before the Act, the lifecycle of a typical private tenancy in England ran: fixed-term AST → statutory periodic tenancy (if the tenant remained after the end date) → Section 21 notice to end it. The landlord had significant control over that final step.

After the Act, that model is abolished. All new lets begin as assured periodic tenancies from day one. Existing fixed-term ASTs that are still running will convert at the end of their term. The landlord can no longer serve a Section 21 notice. To end the tenancy, you must use Section 8 and establish one of the specified grounds for possession.

Rent can only be increased once per year, via a Section 13 notice, with two months' notice and the right for the tenant to challenge at tribunal. Our article on when landlords can increase rent explains how to navigate this in practice.

How landlords should manage periodic tenancies

Managing a rolling tenancy well requires good records and proactive maintenance of the relationship. Because the tenancy has no fixed end point, your compliance obligations — gas safety, electrical safety, EPC, deposit protection — continue to apply throughout. August's smart reminders feature tracks renewal dates for certificates and other time-sensitive compliance items, so nothing falls through the gaps.

Rent review is another key management task. Under the current regime, you can review rent annually using Section 13. Keeping a clear record of each notice served and the effective date is important, both for audit purposes and to protect your position if a tenant challenges the increase at tribunal.

Frequently asked questions

Does my tenancy automatically become periodic when the fixed term ends?

If you do not serve notice and the tenant remains in occupation after the end of a fixed-term AST, a statutory periodic tenancy arises automatically. Under the Renters' Rights Act, for tenancies entered into on or after the commencement date, there is no fixed term at all, the tenancy is periodic from the outset.

What notice period does a tenant need to give to end a periodic tenancy?

Under the Renters' Rights Act, tenants must give two months' notice to end a periodic tenancy. They can give notice at any time.

Can a landlord end a statutory periodic tenancy?

Yes, but only via Section 8 and one of the statutory grounds. The no-fault Section 21 route is no longer available. See our dictionary entry on grounds for possession for a full breakdown of the available grounds.

Is a periodic tenancy the same as a rolling contract?

In substance, yes. A periodic tenancy is one with no fixed end date that renews automatically at each rent period. "Rolling contract" is a colloquial term for the same arrangement.

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

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