Many 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.