A Periodic Tenancy Agreement is a residential tenancy in England and Wales that runs on a rolling basis, either weekly or monthly, without a fixed end date. Unlike a fixed-term Assured Shorthold Tenancy (AST) which has a specified start and end date, a periodic tenancy continues indefinitely from one rental period to the next until either the landlord or the tenant brings it to an end by serving the appropriate statutory notice.

Periodic tenancies arise in two distinct ways under the Housing Act 1988. A contractual periodic tenancy is one where the landlord and tenant agree from the outset that the tenancy will run on a rolling basis without any fixed term. This is increasingly common in the private rented sector, particularly where landlords and tenants prefer the flexibility of an open-ended arrangement. A statutory periodic tenancy, by contrast, arises automatically under section 5 of the Housing Act 1988 when a fixed-term AST expires without the parties entering into a new fixed-term agreement. In this case, the tenancy continues on a periodic basis on the same terms as the original agreement, with the rental period matching the intervals at which rent was last payable under the fixed term.

The Renters' Rights Act 2025, which received Royal Assent on 27 October 2025, fundamentally changes the landscape for periodic tenancies in England. From 1 May 2026, all existing fixed-term ASTs will be converted into periodic tenancies by operation of law, and no new fixed-term ASTs may be created. This means that the periodic tenancy will become the only form of assured tenancy available in the private rented sector in England, making a well-drafted periodic tenancy agreement essential for every landlord.

The periodic tenancy remains governed by the Housing Act 1988, the Landlord and Tenant Act 1985 (which imposes repairing obligations on the landlord), the Tenant Fees Act 2019 (which restricts the payments that a landlord may require from a tenant), and the Housing Act 2004 (which requires the landlord to protect the tenancy deposit in a government-approved scheme). Our template is drafted to comply with all current legislation, including the transitional provisions of the Renters' Rights Act 2025.

A periodic tenancy gives both parties flexibility. The tenant is not locked into a long commitment and may end the tenancy by giving the required notice. The landlord retains the right to seek possession on one of the statutory grounds under Schedule 2 to the Housing Act 1988 (as amended by the Renters' Rights Act 2025), provided the appropriate notice is served.

A Periodic Tenancy Agreement should be used in any of the following circumstances in England and Wales:

When a private landlord wishes to let a residential property on a rolling weekly or monthly basis without committing to a fixed term. This approach is suitable for landlords who want the flexibility to adjust the tenancy arrangements without waiting for a fixed term to expire, or for tenants who need the freedom to relocate at relatively short notice.

When an existing fixed-term AST has expired and the parties wish to formalise the continuing statutory periodic tenancy. Although a statutory periodic tenancy arises automatically under section 5 of the Housing Act 1988, a written agreement is strongly recommended because it allows the parties to update and clarify the terms of the tenancy, including any changes to rent, deposit arrangements, or house rules.

After 1 May 2026, when the Renters' Rights Act 2025 abolishes fixed-term ASTs. From that date, all new residential tenancies in the private rented sector in England will be periodic tenancies by default. Landlords will need a well-drafted periodic tenancy agreement to set out the terms of the letting clearly.

The landlord is required to provide the tenant with prescribed documents before the tenancy commences, including a valid Energy Performance Certificate (EPC) with a minimum E rating under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, a Gas Safety Certificate (CP12) under the Gas Safety (Installation and Use) Regulations 1998 (if the property has a gas supply), an Electrical Installation Condition Report (EICR) under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, and the government's 'How to Rent' guide. Failure to provide these documents may affect the landlord's ability to serve valid notices and could result in civil penalties under the Renters' Rights Act 2025.

A Periodic Tenancy Agreement is NOT appropriate where the occupier is a lodger sharing accommodation with a resident landlord (use a Lodger Agreement instead), where the property is let as a commercial premises, or where the occupier is a company (which cannot hold an assured tenancy).

A properly drafted Periodic Tenancy Agreement for England and Wales should include the following key elements:

1. Type of periodic tenancy: The agreement must clearly state whether it is a contractual periodic tenancy agreed from the outset, or a statutory periodic tenancy continuing after the expiry of a fixed term under section 5 of the Housing Act 1988. This distinction affects the notice requirements for termination and the procedure for rent increases.

2. Rental period: The agreement must specify whether the tenancy runs on a weekly or monthly basis, as this determines the rental period, the notice period required to end the tenancy, and the day on which any notice to quit must expire.

3. Parties and property: Full legal names and addresses of the landlord and all tenants, together with the full address and description of the property. Joint and several liability should be stated where there are multiple tenants.

4. Rent and permitted charges: The rent amount per period, the due date, and the payment method. The Tenant Fees Act 2019 limits landlords to charging only rent, the deposit, a holding deposit, and limited default fees. The agreement should also address the section 13 procedure for rent increases, which requires the landlord to serve a formal notice on Form 4.

5. Tenancy deposit: The amount (capped at five weeks' rent where annual rent is below £50,000), the government-approved protection scheme, and the circumstances for deductions. The deposit must be protected within 30 days under the Housing Act 2004.

6. Landlord's statutory obligations: Repairing obligations under section 11 of the Landlord and Tenant Act 1985, fitness for habitation under the Homes (Fitness for Human Habitation) Act 2018, gas safety, electrical safety, smoke and carbon monoxide alarms, and the provision of prescribed documents.

7. Tenant's obligations: Payment of rent, care of the property, restrictions on subletting and assignment, nuisance provisions, and Right to Rent compliance under the Immigration Act 2014.

8. Termination provisions: Clear explanation of how each party may end the tenancy, reflecting the current law including the Renters' Rights Act 2025. After 1 May 2026, landlords must serve a Section 8 notice on statutory grounds rather than relying on Section 21.

9. Governing law: The laws of England and Wales, with exclusive jurisdiction of the courts of England and Wales.