Tenancy Guide

Assured Periodic Tenancy Guide for Landlords

⚠ Phase 1 is now in force. The rules in this guide apply to all tenancies in England from 1 May 2026. Non-compliance could invalidate your notices or expose you to penalties. Check your compliance → £19.99 toolkit

From 1 May 2026, all Assured Shorthold Tenancies automatically convert to periodic tenancies. This guide explains what periodic means, how rent increases work, tenant notice periods, and how landlord possession rights change.

What Changes on 1 May 2026?

No more new fixed-term Assured Shorthold Tenancies (ASTs) as standard. The Renters' Rights Act 2025 fundamentally changes the structure of private rental tenancies in England:

Phase 1 is now in force. All tenancies are now treated as periodic. The SunClause toolkit covers all 37 grounds, workflows, and deadlines in one place. Get compliant for £19.99 →
Key point: This is a seismic shift. The "fixed-term then periodic" cycle that has defined ASTs for decades is ending. Periodic is now the norm, and fixed-term is optional and less advantageous.

What Does "Periodic Tenancy" Mean?

A periodic tenancy is one that rolls on a rolling basis (month-to-month, week-to-week, or other period), with no fixed end date. Instead of a 12-month fixed term, the tenancy runs on a recurring cycle until either party serves notice to end it.

Rent Payment Period = Notice Period

In most cases, the rental period determines the notice period. For example:

The tenancy agreement can specify a longer notice period if desired (e.g. 3 months), but it cannot be shorter than the above.

Conversion of Existing Fixed-Term Tenancies

If you have a fixed-term AST in place on 30 April 2026, here is what happens:

Scenario What Happens on 1 May 2026 Result
Fixed-term AST with 6 months remaining (expires 30 Sept 2026) Tenancy converts to periodic from 1 May 2026 The tenancy no longer has a fixed end date. It rolls on a monthly/weekly basis until either party serves notice.
Fixed-term AST expiring on 30 April 2026 (at the same moment as Phase 1) Tenancy becomes periodic from 1 May 2026 No gap. The fixed term ends and the periodic tenancy begins immediately.
Fixed-term AST already expired before 1 May (tenant remained in occupation) Tenancy was already periodic before Phase 1. No change on 1 May. Continues as periodic.
Tenancy agreement specifies rent review clauses (automatic increases) Those clauses become void on 1 May 2026 Rent can only be increased via Form 4A (Section 13 notice), once per 12 months, with 30 days' notice. Automatic increases are no longer valid.
Protected period does NOT apply to converting tenancies: If a tenancy was created before 1 May 2026 and converts to periodic, the 12-month protected period (which restricts which grounds can be used) does NOT apply. You retain the right to use all Section 8 grounds (subject to notice periods). Only NEW tenancies created from 1 May 2026 onwards are subject to the 12-month protected period.

New Tenancies from 1 May 2026

For new tenancies created on or after 1 May 2026, you have two options:

Option 1: Create a Periodic Tenancy from Day One

Start with a periodic tenancy (month-to-month or weekly). This is simpler and aligns with the new regime. The tenant knows from the outset that the tenancy has no fixed end date and can end with 2 months' notice.

Option 2: Create a Fixed-Term Tenancy (which will convert to periodic on expiry)

You can still create a fixed-term tenancy (e.g. 12 months). However, when it expires, it automatically converts to periodic unless the tenant moves out. This is less advantageous because:

Practical advice: Periodic tenancies are now more straightforward. Most landlords should opt for periodic from day one.

Rent Increases Under the New Regime

Rent increases are now strictly regulated using Form 4A, with one increase per 12-month period and 30 days' notice required. Tenants can challenge increases at the First-Tier Tribunal if they believe the rent is above market rates. The SunClause toolkit includes Form 4A templates with worked examples, market research guidance for justifying increases, and tribunal challenge procedures.

Tenant Notice to Quit

Tenants must give notice based on the rental period: monthly tenants give 2 months' notice, weekly tenants give 2 weeks' notice, quarterly tenants give 2 quarters (6 months), annually paying tenants give 1 year. Shorter notice periods specified in older agreements are now void. The statutory period applies.

Landlord's Rights to Possession in a Periodic Tenancy

From 1 May 2026, a landlord can only regain possession of a periodic tenancy by using Section 8 grounds (there is no Section 21 no-fault eviction anymore).

Converting tenancies (created before 1 May) retain access to all 37 Section 8 grounds. New tenancies (created from 1 May onwards) are restricted to protected grounds (1, 1A, 5A, 6) for the first 12 months. Each Section 8 ground has specific notice periods (4 weeks to 4 months), separate from tenant notice-to-quit periods. The toolkit includes the complete Section 8 grounds reference table with all notice periods and a protected period decision flowchart.

Void Clauses in Tenancy Agreements

Void clauses include automatic rent review clauses, pet-prohibition clauses (pets must now be allowed), clauses circumventing statutory rights, and excessive notice periods. The toolkit includes a void clause checklist and compliant tenancy agreement templates with all void clauses removed.

Key Management Actions for Periodic Tenancies

Update all tenancy agreement templates to remove void clauses. Maintain detailed records of rent payments, maintenance, incidents, and communications (essential for Section 8 claims). Research comparable properties before serving Form 4A rent increases. Use Form 3A for Section 8 possession with the correct notice period. Respond to pet requests within 28 days.

Are You Compliant? Check Now

Phase 1 is in force. One mistake with forms or notice periods could cost you months. The SunClause PDF Toolkit includes:

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Frequently Asked Questions

Can I refuse to convert my tenants' fixed terms to periodic on 1 May?

No. The conversion is automatic and mandatory under the Renters' Rights Act 2025. You cannot prevent or delay it.

Do I need to serve notice to convert a tenancy, or does it happen automatically?

It happens automatically on 1 May 2026. No notice is required. However, good practice suggests informing your tenants of the change and confirming their understanding of the new terms.

If a tenant's fixed-term expires before 1 May 2026, what is their status on 1 May?

If the fixed term expired on (e.g.) 30 April 2026 and the tenant remained in occupation, they were already on a periodic tenancy. Nothing changes on 1 May 2026.

Can the 12-month protected period apply to a tenancy that converts from fixed to periodic on 1 May?

No. The protected period only applies to tenancies created (started) from 1 May 2026 onwards. Converting tenancies retain full access to all Section 8 grounds.

If I increase rent on a periodic tenancy, can the tenant delay payment?

The tenant is not entitled to withhold rent due to disagreement with the increase. However, they can apply to the FTT to challenge the increase while still paying the old rent pending the tribunal's decision. If the tribunal varies the increase downward, the difference is refunded.

Not Legal Advice

This guide is for informational purposes and is not legal advice. Periodic tenancies involve complex rules around notice, rent, and possession. Consult a solicitor or qualified letting agent for advice specific to your situation.

Prepared by SunClause Compliance Desk
Last reviewed: 6 April 2026
Sources: GOV.UK, Renters' Rights Act 2025 (c. 26), Housing Act 1988 (as amended)
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