Fixed-Term vs. Rolling Tenancy: What Renters Need to Know in England

If you're renting in England, knowing the difference between a fixed-term and a rolling (periodic) tenancy is crucial. Whether you're dealing with rent increases, possible eviction, or maintenance concerns, understanding the basics can help you make informed decisions about your home. This guide explains the major tenancy agreement types in plain language, covers your rights and obligations, and directs you to official resources for further support.

Understanding Fixed-Term and Rolling Tenancy Agreements

Most renters in England have one of these two main types of assured shorthold tenancy (AST):

• Fixed-term tenancy: Lasts for a specific period (commonly 6 or 12 months). The start and end dates are agreed in advance.
• Rolling (Periodic) tenancy: Runs week-to-week or month-to-month after a fixed term ends, or is set up like this from the start.

Both tenancy types are covered by the Housing Act 1988¹.

Key Differences Between Fixed-Term and Rolling Tenancies

Fixed-Term Tenancy

• Your rent, terms, and obligations are fixed for the agreed period.
• It's harder for your landlord to evict you during this term unless you break the agreement, using Section 8 notice and grounds for eviction.
• You can usually only leave early if there is a break clause or if your landlord agrees.

Rolling (Periodic) Tenancy

• Your tenancy continues automatically after a fixed-term ends, or sometimes is rolling from the start.
• Either you or your landlord can end the tenancy by giving the proper notice.
• Rent may be increased with written notice according to legal procedures.

Understanding which you have helps you plan your next steps around moving out, negotiating rent, or resolving disputes.

Ending a Tenancy: Notice Periods and Forms

If you or your landlord wish to end a tenancy, the process depends on your agreement type and stage. Fixed-term tenants generally cannot be evicted until the term ends unless eviction grounds exist. Rolling tenancies offer more flexibility to both parties, provided the right notice is given.

Relevant Official Forms

• Form 6A: Section 21 Notice
  • Used by landlords to end an assured shorthold tenancy without alleging fault.
  • Commonly served at the end of a fixed-term or during a rolling tenancy. For example, if your 12-month tenancy has ended and you are on a rolling contract, your landlord might serve you Form 6A to regain possession.
  • Access the official form and guidance from the GOV.UK Form 6A page.
• Section 8 Notice
  • Used by landlords to evict a tenant during the fixed term for specific legal reasons (e.g., rent arrears, damage).
  • Landlords must state the grounds and give the required notice period.
  • Read about Section 8 eviction and download the official form.
• Form for Challenging a Rent Increase (Form Rents1)
  • If your landlord increases rent during a rolling tenancy and you think it's unfair, you can apply to a tribunal using this form.
  • See the official Form Rents1 and accompanying instructions.

Your Rights and Responsibilities

• Both fixed-term and rolling tenants are entitled to safe, well-maintained homes. Learn more from GOV.UK: Repairs in private renting.
• Landlords must follow legal notice periods and cannot evict you without proper legal process.
• Renters must pay rent on time and report repairs.

Remember, disputes and issues can often be resolved by reading your agreement, discussing with your landlord, and using official channels if needed.

If Things Go Wrong: The Tribunal for Renters

In England, the tribunal that handles tenancy disputes, rent increases, or eviction challenges is the First-tier Tribunal (Property Chamber) – Residential Property. You can apply there to challenge unfair rent increases and some eviction notices.

FAQ: Fixed-Term and Rolling Tenancies in England

1. How can I tell if I'm in a fixed-term or rolling tenancy?
   Your tenancy agreement should state the dates. If your original fixed period has ended but you still live in the property with your landlord's consent, you are likely on a rolling periodic tenancy.
2. Can my landlord increase my rent during the fixed term?
   Not unless your tenancy agreement allows it. Otherwise, rent increases usually apply to rolling tenancies, and proper written notice must be given.
3. Do I have to leave at the end of my fixed-term tenancy?
   No, you don't have to leave automatically. Unless you or your landlord gives notice, your tenancy usually rolls into a periodic tenancy with the same terms.
4. What notice must my landlord give to end a rolling tenancy?
   For most assured shorthold tenancies, your landlord must give at least 2 months' notice in writing using Form 6A (Section 21), unless exceptions apply.
5. How can I challenge a rent increase?
   If you're on a periodic tenancy, you can apply to the First-tier Tribunal using Form Rents1 within the legal time limit after getting written notice.

Conclusion: Key Takeaways

• Fixed-term tenancies offer more security for a set period, while rolling tenancies are more flexible but may make it easier for landlords to end the agreement.
• Always check your tenancy agreement to understand your rights and obligations.
• Use official forms and seek support if you face rent increases, eviction, or need to end your tenancy.

Whether you're staying put or moving on, knowing your tenancy type and the correct procedures helps protect your rights.

Need Help? Resources for Renters

• GOV.UK: Private Renting Overview – Main government hub for private renters.
• First-tier Tribunal (Property Chamber) – Residential Property – Where to challenge rent increases or resolve disputes.
• Shelter England – Get Help – Advice, support, and legal guidance for tenants (charity, official partner of govt).
• Find your local council's housing service – Contact for housing advice in your area.

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1. Housing Act 1988: See key sections on assured and assured shorthold tenancies

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