Staying in Your Rental After the Fixed Term Ends in England

When your fixed-term tenancy in England ends, it’s natural to wonder if you can stay in your home and what your rights are. Many renters in England have questions about what happens when a fixed-term assured shorthold tenancy (AST) ends, including how eviction works and what forms landlords or tenants must use. This article explains your rights, what happens next, and the official steps landlords and renters take under current English tenancy law.

What Happens When a Fixed-Term Tenancy Ends?

At the end of your fixed-term, your tenancy does not simply end. Unless you or your landlord take action to formally end the agreement, your tenancy typically continues on what's known as a periodic tenancy. This is sometimes called a ‘rolling contract’ and usually runs month-to-month or week-to-week, depending on how you pay your rent.

• Assured Shorthold Tenancies (ASTs): The most common tenancy type in England, covered by the Housing Act 1988.¹
• Statutory Periodic Tenancy: Arises automatically if you remain in the property after your fixed-term ends and no new contract is signed.
• Contractual Periodic Tenancy: Where your agreement states it will move onto periodic terms after the fixed period.

This means you can usually stay in your home after the fixed term ends, unless you give valid notice to your landlord, or they serve you notice according to the law.

Your Rights and Notice Periods

As a renter, you have legal protections. Your landlord cannot simply evict you or raise the rent without following formal processes.

Staying On: No New Contract Needed

• If neither you nor your landlord give notice, your tenancy continues on periodic terms automatically.
• Your original terms still generally apply, unless you agree to new ones.

Notice You Must Give

• If you wish to leave, you should give your landlord notice in writing.
• The notice period is usually one tenancy period (for example, one month, if you pay monthly).
• Check your agreement, as some may specify a longer required notice.

Notice Your Landlord Must Give

• Your landlord can give you notice to leave with a Section 21 notice. This is sometimes called a ‘no fault’ eviction.
• The current notice period for Section 21 is at least 2 months.
• Your landlord must use official forms and follow rules about returning your deposit and protecting your rights.

You do not have to move out when your fixed term ends unless you or your landlord have followed the correct legal process. If your landlord wants you to leave, they must serve proper notice and, if you remain, apply to the First-tier Tribunal (Property Chamber) or court if you do not leave voluntarily.

Official Forms and Processes

When it comes to ending or changing your tenancy after the fixed term, certain official forms are important for both renters and landlords.

• Section 21 Notice (Form 6A):
  • Used by landlords to end an assured shorthold tenancy after the fixed term or during a periodic tenancy.
  • For example, if your landlord wants you to move out after your fixed period, they must serve you the Form 6A: Notice seeking possession of a property let on an AST (Section 21 notice).
• Section 8 Notice (Form 3):
  • Used where your landlord wishes to evict you for specific reasons (such as rent arrears).
  • The landlord issues Form 3: Notice seeking possession of a property let on an AST or an assured tenancy if one of the legal grounds applies.
• Notice to Quit (no official form):
  • As a renter, you should give written notice (email or letter) if you plan to leave once the fixed term or periodic period ends.
  • There is no official government form for tenants, but see government guidance on ending your tenancy for tips and example letters.

For both sides, making sure all notices are properly delivered and clearly dated is essential.

Common Questions and Concerns

Renters often worry about rent increases, deposit return, and whether landlords can change terms after the fixed period. Your landlord cannot simply evict you or raise the rent without following formal processes.

FAQ: Staying After Your Fixed-Term Tenancy Ends

1. Can I stay in my rental after the fixed term ends?
   Yes, you can normally stay unless you or your landlord serve valid notice. Your tenancy usually becomes a periodic tenancy.
2. Do I have to sign a new agreement?
   No. You can remain on periodic terms unless both you and your landlord agree to sign a new contract.
3. What notice do I need to give if I want to leave?
   You must give written notice—usually at least one rental period (for example, one month if paying monthly).
4. How much notice must my landlord give to evict me after the fixed term?
   Landlords must give at least two months’ notice using Form 6A (Section 21).
5. Can my landlord raise my rent right after the fixed term?
   Your landlord cannot increase the rent without proper notice or your agreement. See official guidance on rent increases.

Key Takeaways for Renters

• You have a right to stay after the fixed term, usually as a periodic tenant.
• Landlords must follow legal notice processes to end your tenancy or increase rent.
• Know your forms: Section 21 (Form 6A) for 'no fault' eviction; Section 8 (Form 3) for eviction on specific grounds.

If you’re unsure, reach out to a renters’ rights organisation or your local council for free support.

Need Help? Resources for Renters

• GOV.UK: Tenancy Agreements and Rights
• GOV.UK: Assured Tenancy Forms
• Shelter England: Tenant Advice
• Local Council Housing Team – Search on your council’s website for housing support services
• First-tier Tribunal (Property Chamber): Residential Tenancy Disputes

1. Housing Act 1988 — Main legislation for assured and assured shorthold tenancies in England.
2. Form 6A (Section 21 notice) — Official notice for no-fault eviction.
3. Form 3 (Section 8 notice) — Official notice for eviction based on specific grounds.
4. GOV.UK: Tenant guide to ending your tenancy.
5. GOV.UK: Rent increases — Guidance on how landlords can increase rent.
6. First-tier Tribunal (Property Chamber) — Handles disputes about rent, eviction, and residential tenancies in England.