Assured Periodic Tenancy Guide for Landlords

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:

• All existing fixed-term ASTs automatically convert to periodic tenancies on 1 May 2026. The tenant does not need to do anything; the conversion is automatic.
• Landlords can still grant fixed-term tenancies if they choose, but they will convert to periodic on expiry.
• New tenancies created from 1 May onwards should usually be periodic from day one (unless you choose otherwise).

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:

• Monthly rent payment: Tenant must give 2 months' notice to quit (not 1 month)
• Weekly rent payment: Tenant must give 2 weeks' notice to quit
• Quarterly rent payment: Tenant must give 2 quarters' notice to quit (i.e. 6 months)

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:

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:

• You cannot use all Section 8 grounds during the first 12 months (only protected grounds)
• At the end of the fixed term, the tenancy becomes periodic anyway
• Fixed terms lose their strategic value in the new regime

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. The days of automatic rent review clauses are over.

The New Process: Form 4A

Once per 12 months: You can serve a Form 4A notice (Section 13 of the Housing Act 1988, as amended by the Renters' Rights Act 2025) to propose a rent increase. You are limited to one increase per 12-month period, measured from the first increase.

Notice period: For periodic tenancies, you must give 30 days' notice of a rent increase (or the notice period specified in the tenancy agreement, if longer).

The tenant's right to challenge: If the tenant disagrees with your proposed increase (e.g. they believe it is excessive compared to market rates), they can apply to the First-Tier Tribunal (Property Chamber) for a determination. The tribunal will assess whether the rent is set at the right level for comparable properties in the area.

Example Scenario

Situation: You own a flat let at £500/month. On 1 June 2026, you serve Form 4A proposing an increase to £525/month. The tenant objects and applies to the FTT.

Tribunal hearing: The tribunal considers comparable properties in the area. If similar flats are renting for £520–£530, the tribunal will likely confirm your proposed increase. If the tribunal thinks £525 is too high (comparable evidence shows £510 average), it may reduce the increase to £510. If comparable evidence shows £500 is already above market, it may refuse the increase entirely.

Outcome: You are bound by the tribunal's decision. The rent is set at the figure the tribunal determines.

Tenant Notice to Quit

In a periodic tenancy, the tenant ends the tenancy by serving notice to quit. The length of notice depends on the rental period:

Key point: If your tenancy agreement specifies a longer notice period for tenant notice to quit, that will apply. However, many agreements specify 1 month (which is shorter than the statutory 2 months for monthly tenancies). Those shorter periods are now void; the statutory 2 months 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).

Protected Period Does Not Apply to Converting Tenancies

If a fixed-term tenancy converts to periodic on 1 May 2026, you retain the right to use ALL Section 8 grounds (mandatory and discretionary). The 12-month protected period only applies to NEW tenancies created from 1 May onwards.

Protected Period DOES Apply to New Tenancies

If you create a new periodic tenancy on 1 May 2026 or later, only the following grounds are available in the first 12 months:

• Ground 1 (landlord/family occupation)
• Ground 1A (sale)
• Ground 5A (tied accommodation)
• Ground 6 (redevelopment)

After 12 months from the tenancy start date, all 37 Section 8 grounds become available.

Notice Periods for Section 8

Each Section 8 ground has a specific notice period (ranging from immediate to 4 months). These apply equally to periodic tenancies. For example:

• Ground 8 (serious arrears, 3+ months): 4 weeks' notice
• Ground 14 (nuisance/ASB): 2 weeks' notice
• Ground 1 (landlord/family occupation): 4 months' notice

These notice periods are separate from and in addition to the tenant's notice period for tenancy termination.

Void Clauses in Tenancy Agreements

Many existing tenancy agreements contain clauses that are now void under the Renters' Rights Act 2025. From 1 May 2026, these clauses are unenforceable:

• Rent review clauses with automatic increases: "Rent shall increase by 3% per annum on each anniversary." This is void. Rent can only be increased via Form 4A, once per 12 months, with 30 days' notice and tenant right to challenge at FTT.
• Clauses prohibiting pets without landlord consent: "The tenant must not keep pets without landlord's written permission." This is void. Tenants now have a right to request pets, and landlords must respond within 28 days with a yes or a reasoned "no" (e.g. property unsuitable, animal welfare concerns).
• Clauses circumventing statutory rights: Any clause that attempts to deny or diminish statutory rights (e.g. "Tenant waives the right to apply to FTT for rent review") is void.
• Excessive notice periods for tenant quit: If your agreement says "Tenant must give 1 month notice to quit," that is overridden. For a monthly tenancy, the legal minimum is 2 months.

Practical Tips for Managing Periodic Tenancies

1. Update Tenancy Agreements

Remove all void clauses from your template tenancy agreements. Use a template that complies with Phase 1 rules.

2. Keep Detailed Records

In a periodic tenancy, you need dated records for any Section 8 claim. Log:

• Rent payments and any arrears
• Maintenance requests and repairs
• Incident reports (noise, ASB, etc.)
• Communication with the tenant

3. Plan Rent Increases Early

If you intend to increase rent, research comparable properties early. Get evidence of comparable rents in the area. Serve Form 4A with the market-level increase you can justify. Be prepared for the tenant to challenge at FTT if they disagree.

4. Understand Your Notice Periods

If you need to evict, understand the specific notice period for the Section 8 ground you are using. Use Form 3A. Serve the notice correctly and keep proof of service.

5. Respond to Pet Requests Within 28 Days

Tenants can request to keep a pet. You have 28 days to respond (yes, or "no" with reasons). Silence = consent. Keep a record of all pet requests and your responses.

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.