renters rights act

Periodic Tenancies Explained: What Landlords Need to Know Under the New Rules

Since 1 May 2026 every private assured tenancy in England is periodic. This guide explains how a periodic tenancy works for landlords, with a dated worked example of a tenancy starting in October 2026.

LT
LandlordReady Team
··Last reviewed ·6 min read
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What is a periodic tenancy under the Renters' Rights Act?

A periodic tenancy has no end date. It rolls from one rent period to the next, usually monthly. Since 1 May 2026, every private assured tenancy in England works this way: a term that tries to create a fixed term has no effect, the tenant can leave on two months' notice, and you need a Section 8 ground to end it.

The rule is in section 4A of the Housing Act 1988, inserted by the Renters' Rights Act 2025. Where a term tries to make the tenancy fixed-term, "the tenancy has effect as a periodic tenancy" and its periods match the rent periods. Rent periods can be no longer than a month (Housing Act 1988, s4A). Most existing fixed-term ASTs converted on 1 May 2026 and did not wait for their fixed term to end (GOV.UK tenant overview).

1 May 2026

How does each side end a periodic tenancy?

The tenant gives at least two months' notice. They can give less if you agree to a shorter period in writing (Protection from Eviction Act 1977, s5(1ZA)). A clause asking for more than two months cannot extend this. If a tenant leaves without proper notice, the tenancy has not ended, and rent can remain due until it is ended properly. Take advice before pursuing it.

The landlord serves a Section 8 notice on Form 3A relying on a ground in Schedule 2 of the Housing Act 1988. A landlord's notice to quit has no effect on an assured tenancy. Notice periods depend on the ground (GOV.UK grounds for possession guidance):

GroundNotice before court claimRestriction
Ground 1 (you or family moving in)4 monthsNotice cannot expire in the first 12 months of the tenancy; no re-letting or marketing for 12 months afterwards
Ground 1A (selling)4 monthsSame 12-month rules as Ground 1
Ground 8 (serious arrears)4 weeksAt least 3 months' rent owed (monthly rent) or 13 weeks' rent (weekly or fortnightly)
Grounds 10 and 11 (any or persistent arrears)4 weeksDiscretionary
Ground 12 (breach of tenancy terms)2 weeksDiscretionary
Ground 14 (antisocial behaviour)None: you can apply straight awayNo order within 14 days of the notice

The full list is in our Section 8 grounds guide. For how possession works now, see ending a tenancy after Section 21.

How do rent increases work?

Rent review clauses no longer increase the rent. The only route is a Section 13 notice on the prescribed Form 4A (GOV.UK assured tenancy forms). The notice must:

  • give at least two months' notice, and
  • propose a new rent starting at the beginning of a rent period, no earlier than 52 weeks after the tenancy began or after the last increase took effect (Housing Act 1988, s13).

The tenant can challenge the increase at the First-tier Tribunal. The Tribunal cannot set a rent above the figure you proposed, and the rent it decides applies from the date of its decision (Guide to the Renters' Rights Act). Our Section 13 notice guide covers filling in the form.

Worked example: a tenancy starting 1 October 2026

A new monthly tenancy starts on 1 October 2026, with rent due on the 1st.

  1. Before 1 October 2026. After the agreement is signed, you can ask for at most one month's rent in advance (Guide to the Renters' Rights Act). The deposit must stay within the Tenant Fees Act cap: five weeks' rent where annual rent is under £50,000 (Tenant Fees Act 2019, Sch 1). Give the tenant a written statement of terms.
  2. Any time from day one: the tenant can leave. Notice served on 15 November 2026 ends the tenancy no earlier than 15 January 2027, unless you agree in writing to a shorter period.
  3. Ground 8 and other conduct grounds: available from day one. No 12-month bar applies to arrears, breach or antisocial behaviour grounds.
  4. 1 October 2027: earliest date a Ground 1 or 1A notice can expire. The notice cannot expire before the first 12 months are up. To give four months' notice ending on 1 October 2027, serve it by 1 June 2027. You can serve it earlier, but the date in the notice must still be on or after 1 October 2027.
  5. 1 August 2027: last day to serve Form 4A for a 1 October 2027 increase. 52 weeks after 1 October 2026 is 30 September 2027, so the first rent period that can carry a new rent begins 1 October 2027. Two months' notice means serving it by 1 August 2027.

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What changes in your tenancy agreement?

  • Remove fixed terms and break clauses. Trying to let for a fixed term is a breach carrying a civil penalty of up to £7,000 (Housing Act 1988, s16E; GOV.UK enforcement measures).
  • Replace rent review clauses with a reference to the Section 13 process.
  • State the tenant's notice as two months, or less if you agree.
  • Swap any "no pets" clause for a request process. Tenants can ask to keep a pet, and you must reply in writing within 28 days and not refuse unreasonably (Housing Act 1988, s16A).

Our banned tenancy clauses guide goes through each clause with its penalty.

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Frequently Asked Questions

Can I still use fixed-term tenancies after 1 May 2026?

No. A term setting a fixed term has no effect, and the tenancy runs as periodic. Trying to let on a fixed term is also a breach that councils can penalise.

What notice must I give to end a periodic tenancy?

It depends on the Section 8 ground. For example, it is four months for Grounds 1 and 1A, four weeks for Ground 8 arrears, two weeks for Ground 12 breach, and none for Ground 14 antisocial behaviour. You cannot end the tenancy without a ground and, if the tenant does not leave, a court order.

Can I increase rent more than once a year?

No. A Section 13 increase cannot take effect earlier than 52 weeks after the last one, or after the start of the tenancy, and needs at least two months' notice on Form 4A.

How much notice must the tenant give?

At least two months, unless you agree a shorter period in writing. A tenancy agreement cannot require more.

Does the 12-month restriction apply to all grounds?

No. It applies only to Ground 1 (moving in) and Ground 1A (selling). Arrears, breach and antisocial behaviour grounds can be used from the start of the tenancy.

Further Reading

LT

LandlordReady Team

Editorial team

LandlordReady's guides are written for landlords who manage their own properties. They are researched from primary sources (legislation.gov.uk, GOV.UK guidance and the HSE), and each guide shows when it was last reviewed. They are general information, not legal advice.

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