When Does an Assured Shorthold Tenancy Become Periodic in England?

Understanding how and when your tenancy changes from a fixed term to a periodic one is vital for renters across England. This knowledge helps you navigate issues like rent increases, notice requirements, and your rights under the law. Whether you're deciding if you want to stay, move on, or deal with landlord requests, it's helpful to know exactly when your tenancy becomes periodic and what this means for you.

What Is a Periodic Tenancy?

A periodic tenancy is a type of rental agreement that rolls on automatically, usually each week or month, after the initial fixed term of your tenancy ends. In England, most renters have an assured shorthold tenancy (AST). Once the agreed fixed term expires and you haven't signed a new agreement or left, your tenancy generally becomes "statutory periodic."

When Does a Tenancy Become Periodic in England?

For most renters, a tenancy becomes periodic the day after the fixed term ends if:

• You remain in the property
• Your landlord does not issue a new fixed-term agreement

This is explained under the Housing Act 1988, Section 5, which says an AST automatically becomes a "statutory periodic tenancy" if you stay after the fixed term.

Types of Periodic Tenancy

• Statutory periodic tenancy: Automatically starts by law when the fixed term ends and you remain in the property. The rental period (e.g., monthly or weekly) matches how often you paid rent during your fixed term.
• Contractual periodic tenancy: Begins if your written tenancy agreement states that it will continue on a periodic basis after the fixed term. The period can vary depending on your agreement.

In either case, your rights and responsibilities largely stay the same, but the way your tenancy can be ended changes.

How Does a Periodic Tenancy Affect Your Rights?

Once your tenancy is periodic, key things change:

• Notice periods: You no longer have to stay until the next fixed term ends. You can leave by giving "notice to quit," and your landlord can also end the tenancy with a valid notice.
• Rent increases: Your landlord must use official procedures to raise your rent during a periodic tenancy. See below for more details.
• Section 21 'no fault' eviction notices: Landlords can serve a Section 21 notice to seek possession, as detailed in the Housing Act 1988.
• Deposit protection: Your deposit must stay protected in a government-approved scheme as long as your tenancy continues. Find out more about deposit protection.

Ending a Periodic Tenancy

Both you and your landlord need to follow specific notice requirements to end a periodic tenancy:

• If you want to leave: You must give your landlord a minimum of one rental period’s notice in writing (e.g., one month if you pay monthly).
• If your landlord wants to end the tenancy: They must serve a valid notice under Section 21 or Section 8 of the Housing Act 1988.

Relevant Official Forms

• Form 6A: Notice seeking possession of a property let on an AST (Section 21 Notice)
  When and how it's used: Landlords use Form 6A to legally end a periodic tenancy without giving a reason. The minimum notice period is currently two months. As a renter, you might receive this form if your landlord wants the property back.
  Practical renter example: If you receive Form 6A, read it carefully and check that all dates and details are correct. You do not have to leave immediately—seek advice if unsure.
• Form 3: Notice Seeking Possession under Section 8
  When and how it's used: Landlords use Form 3 if they're seeking possession due to rent arrears or other specific "grounds". If you receive this, review the grounds and seek support if needed.
  Practical renter example: You fall behind on rent and get Form 3. It's important to act quickly, get advice, and respond to the notice.

Challenging a Rent Increase During a Periodic Tenancy

Your landlord can propose a rent increase during a periodic tenancy, but must follow a strict process. The official method is serving a Form 4 – Notice of Rent Increase (also called a "Section 13 notice").

• Form 4: Notice of Rent Increase (gov.uk official form)
  Used by landlords to propose a new rent in periodic tenancies. If you disagree, you can challenge it by applying to the First-tier Tribunal (Property Chamber), as below.

How to Challenge a Rent Increase

1. Check that your landlord used the correct Form 4 Section 13 notice.
2. You must apply to the First-tier Tribunal (Property Chamber) within one month of the proposed new rent start date.
3. The tribunal will review whether the proposed rent is reasonable for the area and your property.
4. Your rent cannot be increased until the tribunal makes a decision, if you apply before the deadline.

FAQ: Periodic Tenancies in England

1. How much notice do I have to give to leave a periodic tenancy?
   Usually one full rental period (usually one month if you pay monthly), unless your agreement says otherwise.
2. Can my landlord increase my rent after my tenancy becomes periodic?
   Yes, but only using the official Form 4 Section 13 notice and by giving proper notice. You can challenge the increase at the tribunal.
3. Is my deposit still protected if my tenancy is now periodic?
   Yes, your deposit must remain protected in a government-approved scheme as long as you rent the property.
4. What tribunal deals with tenancy disputes in England?
   The First-tier Tribunal (Property Chamber) handles rent, possession, and other tenancy issues.
5. Does my landlord need a reason to end a periodic tenancy?
   No, not if they use a valid Section 21 notice, but the notice must meet all legal requirements.

Conclusion: Key Takeaways

• A tenancy becomes periodic in England when you stay after the fixed term ends and no new agreement is signed.
• Periodic tenancies offer flexibility, but less security—either party can end the agreement with correct notice.
• Know your rights regarding rent increases and eviction; use official forms and seek help early if needed.

Need Help? Resources for Renters

• Gov.uk Private Renting Guidance – Overview of your rights and responsibilities
• First-tier Tribunal (Property Chamber) – Apply to challenge rent or other disputes
• Shelter England – Get Help – Free advice and guidance for renters
• Citizens Advice Housing Advice – Information and support on all tenancy issues

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1. Housing Act 1988, Section 5 – Statutory periodic tenancy
2. Form 6A: Notice seeking possession (Section 21) – Official form for landlords ending AST
3. Form 3: Notice Seeking Possession (Section 8) – Official form for possession on specific grounds
4. Form 4: Notice of Rent Increase – Official form for proposing rent increase in a periodic tenancy
5. First-tier Tribunal (Property Chamber) – Official residential tenancy tribunal for England
6. Housing Act 1988 Full Text – Statutory rights and procedures for renters and landlords

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