The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

Running a periodic tenancy

This post is more than 12 years old

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housesMany people don’t understand periodic tenancies and how they work.  For example they are one of the top search terms for this blog.

Here is a typical question from the blog clinic from Charles:

Does my landlord have to inform me that they are going to run a periodic tenancy?

A lot of things in landlord and tenant law happen automatically. This is the case with periodic tenancies.

Assuming you have an AST, a periodic tenancy will arise AUTOMATICALLY as soon as the fixed term of your tenancy ends, if you don’t move out.

  • You don’t have to ask for it
  • The landlord does not have to tell you it is happening
  • It does not matter whether it is mentioned in the tenancy agreement or not

If you move out at or just before the end of the fixed term, then the tenancy will end.  Finito.

However if you stay, even for just one day, on after the end of the fixed term, then a periodic tenancy will arise, under s5 of the Housing Act 1988.  This will

  • Be between the same landlord and tenant
  • Be for the same premises
  • The ‘period’ of the tenancy will be the same as the period you pay rent for (or last paid rent for) so if you pay rent monthly you will have a monthly periodic tenancy, and
  • The tenancy will otherwise be on the same terms and conditions as the preceding fixed term tenancy

So the answer to the quesiton is no, your landlord does not need to tell you. It happens automatically.

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

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Comments

  1. Just being picky, but the terms are not necessarily the same as the preceeding agreement. If a section 5 periodic tenancy does arise they are the same with the exception of any terms relating to termination of the tenancy (common law applies).

    Likewise, a section 5 periodic tenancy may not arise because the initial agreement may create a ‘contractual’ periodic tenancy on expiry, which can have whatever terms have been agreed.

  2. Another point worth bearing in mind is that if you move out before the end of the fixed term, but you are on a joint contract with someone who doesn’t, the periodic tenancy will still arise IN YOUR NAME TOO.

  3. True. These answers tend to be fairly general otherwise there is a danger of getting bogged down in detail and loosing the audience.

    The main point is that a periodic tenancy is not conditional upon the landlord giving notice first.

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