The Renters' Rights Act 2025 changed how every assured tenancy in England works from 1 May 2026. If you let property before that date, your tenancies may have started life as statutory or contractual periodic tenancies, and the difference still matters for deposits and older agreements. This guide explains both types, what happened to them on 1 May 2026, and the rules that apply now.
What Is a Periodic Tenancy?
A periodic tenancy has no fixed end date and runs from one rent period to the next until it is ended by notice. Since 1 May 2026, the rent period for an assured tenancy can be no longer than a month: either a period of 28 days or less (for example weekly or four-weekly) or a calendar month.
Before 1 May 2026, there were two main kinds of periodic tenancy: statutory and contractual. They worked in similar ways day to day but arose differently and had different legal consequences.
What is Statutory Periodic Tenancy?
Before 1 May 2026, a statutory periodic tenancy arose automatically under section 5 of the Housing Act 1988 when a fixed-term assured shorthold tenancy ended, no new agreement was signed, and the tenant stayed on.
Legal framework: created by statute, with terms carried over from the original fixed-term agreement.
Renewal: rolled over automatically at the end of each rent period.
Termination (before 1 May 2026): the landlord could serve a Section 21 or Section 8 notice; the tenant could give notice equal to one rent period.
Since 1 May 2026, any term of an assured tenancy that provides for a fixed term has no effect, and the tenancy takes effect as a periodic tenancy with periods matching the rent periods. Statutory periodic tenancies therefore no longer arise for new lettings.
What is Contractual Periodic Tenancy?
A contractual periodic tenancy was one the original agreement said would continue on a rolling basis after the fixed term ended, without any further action.
Legal basis: a term in the written agreement, rather than statute.
Customisation: the agreement could set its own terms for the periodic phase, such as notice and rent review clauses. Many of those terms no longer have effect (see below).
Statutory and Contractual Periodic Tenancies Compared (Before 1 May 2026)
Statutory periodic tenancy | Contractual periodic tenancy | |
|---|---|---|
How it arose | Automatically under section 5 of the Housing Act 1988, when a fixed term ended and the tenant stayed on without a new agreement | Under a term of the agreement saying the tenancy would continue on a rolling basis after the fixed term |
Legal nature | A new tenancy | A continuation of the original tenancy |
Terms | Carried over from the fixed-term agreement | As written in the agreement |
Deposit | Treated as compliant if the deposit stayed in the same scheme with the same parties and property | No new tenancy, so no new protection needed |
Position today | Most became assured periodic tenancies on 1 May 2026 | Most became assured periodic tenancies on 1 May 2026 |
What Happened to Existing Tenancies on 1 May 2026?
On 1 May 2026, most existing assured shorthold tenancies in England became assured periodic tenancies under the Renters' Rights Act 2025. This applied whether the tenancy was still in its fixed term or had already become periodic, and landlords did not need to sign new agreements.
Landlords also had to act by 31 May 2026. Tenants with a written tenancy agreement had to receive the government's Renters' Rights Act Information Sheet. Tenants without a written agreement had to receive written information about the key terms of their tenancy instead.
There are some exceptions. Where a section 8 or section 21 notice was served before 1 May 2026, the old rules may continue to apply to those possession proceedings. Where an existing tenancy had a rent period longer than a month, such as quarterly rent, it is treated as having monthly rent periods.
Wales and Scotland
These tenancy changes apply in England. Wales generally uses occupation contracts under the Renting Homes (Wales) Act 2016, while Scotland uses private residential tenancies for most new private lettings under the Private Housing (Tenancies) (Scotland) Act 2016.
Rules for Periodic Tenancies from 1 May 2026
Rent Periods
The rent period can be no longer than a month: either 28 days or less (for example weekly or four-weekly) or a calendar month. A term providing for a longer period has no effect, and the tenancy runs on monthly rent periods instead.
Tenant Notice and Joint Tenants
A tenant can end the tenancy by giving at least two months' notice in writing, ending on the day rent is due or the day before. A shorter notice period applies only if the landlord agrees to it in writing; for joint tenants, that agreement needs the landlord and all the tenants. A valid notice to quit from one joint tenant generally ends the tenancy for all of them.
Rent Increases
Rent can only be increased by serving a section 13 notice (Form 4A), giving at least two months' notice, no more than once every 52 weeks. Rent review clauses in tenancy agreements cannot be used for increases after 1 May 2026. The tenant can challenge a proposed increase at the tribunal before it takes effect.
How a Landlord Can End a Periodic Tenancy
Since 1 May 2026, a landlord can only end an assured periodic tenancy by serving a Section 8 notice on one or more of the statutory grounds and, if the tenant does not leave, obtaining a court order. Section 21 "no-fault" notices can no longer be served.
Section 21 Notices Served Before 1 May 2026
A section 21 notice served before 1 May 2026 could only be used if possession proceedings were started by the earlier of six months from the date the notice was given, or 31 July 2026. Any such notice not used by that deadline can no longer be relied on.
Section 8 Notice Periods
Ground | Minimum notice | Key conditions |
|---|---|---|
Ground 1 (landlord or close family moving in) | 4 months | The tenancy must have begun at least 12 months before the date possession proceedings can start |
Ground 1A (landlord selling) | 4 months | Same 12-month rule. The landlord must not re-let or market the property from serving the notice until 12 months after the earliest possession date given in it; breach can lead to a penalty of up to £40,000 or prosecution. Not available for legacy assured (non-shorthold) tenancies that began before 1 May 2026 |
Ground 4A (student HMO) | 4 months | Tenants must have been told in writing before the tenancy began; possession is sought for the period 1 June to 30 September |
Ground 8 (serious rent arrears) | 4 weeks | At least 3 months' arrears (13 weeks if rent is weekly or fortnightly) both when notice is served and at the hearing. Universal Credit housing costs not yet paid to the tenant are ignored |
Ground 14 (anti-social behaviour) | None | Proceedings can begin as soon as the notice is served |
Deposit Protection When a Tenancy Becomes Periodic
Deposit protection was the area where the two types of periodic tenancy differed most. A statutory periodic tenancy was a new tenancy, which raised the question of whether the deposit had to be protected again. Following amendments made by the Deregulation Act 2015, section 215B of the Housing Act 2004 treats a replacement tenancy as compliant where the deposit remains protected in the same scheme and the landlord, tenant and property are the same. A contractual periodic tenancy was a continuation of the original tenancy, so the question did not arise.
On 1 May 2026, existing tenancies were converted rather than replaced, so a deposit that was correctly protected does not need protecting again. The core duty is unchanged: protect any deposit in a government-backed scheme within 30 days of receiving it and give the tenant the prescribed information. If you do not, a court can order you to pay the tenant between one and three times the deposit, and you will usually be unable to obtain possession on most grounds until the problem is resolved.
Auto-renewal Clauses After the Renters' Rights Act
An auto-renewal clause once let a fixed-term tenancy roll into a periodic one automatically. There is no rule aimed at these clauses as such; they simply have nothing to act on, because a tenancy can no longer have a fixed term. A landlord with one in an older agreement does not need to remove it, but should not rely on it.
How to Draft a Periodic Tenancy Agreement
Use our free assured periodic tenancy agreement template, drafted to Renters' Rights Act requirements. Whichever template you use, make sure it reflects these rules:
Rent period: weekly, four-weekly or monthly. Do not use quarterly or annual periods.
No fixed term or end date: any fixed term has no effect.
Notice: state that the tenant may end the tenancy with two months' notice, unless you agree a shorter period in writing. Do not set a longer period.
Rent increases: refer to the section 13 procedure. Do not include a rent review clause; it cannot be used.
Rent in advance: do not take any rent before the agreement is signed, and take only the first rent payment before the tenancy starts.
Maintenance and other obligations: set out both parties' responsibilities clearly.
Write in plain English, review the agreement when the law changes, and take legal advice if you are unsure.
Why Landlords Should Understand Periodic Tenancies
Knowing what kind of tenancy you had before 1 May 2026 helps with deposit questions, older agreement terms and possession claims. Whatever form the tenancy takes, the rent it produces is taxable property income that must be reported to HMRC.
If your qualifying income from property and self-employment is over £50,000, you have been required to use Making Tax Digital for Income Tax since 6 April 2026, keeping digital records and sending quarterly updates. The threshold falls to £30,000 from April 2027 and £20,000 from April 2028. Use our Making Tax Digital checker below to see when it applies to you.
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Conclusion
Statutory and contractual periodic tenancies still matter for understanding tenancies that began before 1 May 2026, particularly for deposits and older agreements. For day-to-day management, though, every assured tenancy in England is now an assured periodic tenancy, with the same rules on notice, rent increases and possession. Check that your existing tenants received the information sheet, use Section 8 grounds with the correct notice periods, and make any rent increase through a section 13 notice.
