Periodic tenancies by default: what happened to fixed terms

· 6 min read

The assured shorthold tenancy is gone. From 1 May 2026 every new tenancy is an assured tenancy that is periodic from the outset — there is no fixed term, and a fixed term written into an agreement does not take effect.

What a periodic tenancy means here

The tenancy runs from period to period — usually month to month, matching how rent is paid — and continues until it is ended lawfully. There is no expiry date, no renewal, and nothing to "roll over" into.

  • The tenant gives two months' notice, at any time, without needing a reason.
  • The landlord uses a Section 8 ground, with the notice period that ground carries. See what Section 8 requires.
  • Break clauses do nothing. There is no fixed term to break.

Clauses that are now inoperative

Most agreements in circulation were drafted for the old regime. These clauses no longer have effect, whatever the document says:

  • A stated fixed term of six or twelve months.
  • A break clause exercisable at a point in that term.
  • Anything requiring the tenant to remain for a minimum period, or to pay for leaving early.
  • Automatic renewal or "the tenancy shall continue as a statutory periodic tenancy" wording — it is periodic already.

An inoperative clause is not merely untidy. A term that purports to bind a tenant to something the Act removed can mislead them about their rights, and a clause requiring a payment the Tenant Fees Act 2019 prohibits is unenforceable and exposes you to a penalty.

What this changes in practice

There is no renewal date to organise around

Compliance used to cluster at renewal: check the certificates, reissue the paperwork, raise the rent. That anchor has gone. Certificate deadlines now sit on their own dates and nothing prompts you — which is what expiry tracking is for.

Rent increases have one lawful route

Once a year, by the section 13 procedure. A rent-review clause in the agreement does not give you a second route.

Student lets changed shape

The academic-year fixed term no longer exists as a device. Ground 4A provides for possession of student HMOs on a seasonal cycle, but it is a ground with conditions rather than an automatic end date.

What you should do with an existing agreement

  1. Do not rely on the fixed term. It is not doing what the document says it does.
  2. Remove clauses that no longer operate at the next opportunity, so the tenant is not misled about what binds them.
  3. Check for prohibited payments while you are in there — early-termination fees drafted against a fixed term are a common survivor.

See what your agreement still says. The tenancy agreement checker flags fixed-term and break clauses that no longer take effect, each cited to the Act and section.

Common questions

Are fixed-term tenancies still legal?

Not for tenancies granted from 1 May 2026. Every new tenancy is an assured tenancy that is periodic from the first day, and a fixed term written into the agreement does not take effect. Pre-existing tenancies converted to the new system rather than continuing on their old terms.

How much notice does a tenant have to give now?

Two months, at any point, without giving a reason. There is no minimum period they must stay first, because there is no fixed term to complete.

Do break clauses still work?

No. A break clause is a mechanism for ending a fixed term early, and there is no fixed term. The clause has nothing to operate on. Landlord possession runs through Section 8 grounds; tenants give two months' notice.

What about student lets tied to the academic year?

The academic-year fixed term no longer exists as a device. Ground 4A provides for possession of student HMOs on a seasonal cycle, but it is a ground with its own conditions and notice requirements rather than an automatic end date.

Sources

Figures about our own council records are computed when this page is built, so they cannot drift from the database. Information tool, not legal advice.

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Check a specific property. Look up your council's licensing position across all 318 councils, run the free compliance check — five questions, no sign-up — or check a document with the tenancy agreement checker.