Rolling Periodic Tenancies: What the Switch Means for Landlords

What changed on 1 May 2026

The Renters' Rights Act 2025 came into force on 1 May 2026. From that date, it became unlawful to grant a new fixed-term assured tenancy in the private rented sector in England. All new tenancies must be periodic from the outset — typically monthly, matching the rent payment frequency.

The concept of a fixed-term end date no longer exists for assured tenancies. A tenancy continues until either the landlord or tenant serves the appropriate notice to end it, following the statutory grounds and notice periods that apply.

What happened to existing tenancies

Existing assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026. The transition was automatic — no action was required from landlords or tenants to convert an existing tenancy.

Where an existing fixed-term tenancy had an end date after 1 May 2026, that fixed term was not honoured in the same way as before. The tenancy became periodic, and the landlord could no longer rely on the expiry of a fixed term as a ground for possession.

The practical effect for most landlords was that any existing periodic tenancy continued unchanged, and any existing fixed-term tenancy converted to a periodic tenancy rolling month to month (or week to week, depending on how rent is paid).

New tenancies from 1 May 2026

Any tenancy granted on or after 1 May 2026 must be periodic from the start. The most common structure is a monthly periodic tenancy, where the tenancy period runs from the same date each month that the tenancy started.

Landlords should ensure their tenancy agreements reflect this — any clause seeking to create a fixed term is ineffective. A well-drafted periodic tenancy agreement will specify the tenancy period (e.g. monthly), the rent amount, and the start date, without reference to a fixed end date.

The minimum tenancy period is one month. You cannot create a periodic tenancy with a period shorter than one month.

Rent increases on periodic tenancies

On a periodic tenancy, the only statutory mechanism for a landlord to increase rent without the tenant's agreement is a Section 13 notice — a formal notice proposing a new rent, served on Form 4A, with a minimum of two months' notice. The increase cannot take effect within the first 12 months of the tenancy.

Contractual rent review clauses — which were common in fixed-term agreements — are no longer effective for this purpose. They cannot be used to bypass the Section 13 process.

Tenants have the right to challenge a Section 13 rent increase at the First-tier Tribunal (Property Chamber) before the proposed increase takes effect. The Tribunal will determine whether the proposed rent is at or below the open market rent for the property.

Possession and notice periods

Periodic tenancies can only be ended by the landlord using one of the statutory grounds under Section 8 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. The notice period required depends on the ground being relied upon.

A tenant may end a periodic tenancy by giving at least two months' written notice. The notice must expire on the correct day of the tenancy period. A shorter notice period can only apply if agreed in writing between the parties. The tenant does not need to provide a reason.

Courts must be satisfied that the statutory ground relied upon is established before granting a possession order. The burden of proof rests with the landlord. Notice periods and conditions vary depending on the ground relied upon — some grounds carry mandatory outcomes if proved, others give the court discretion. Landlords should be aware that the strength of their possession claim under Section 8 depends significantly on their compliance record. For certain mandatory grounds, failure to have met key obligations — gas safety, EICR, deposit protection, and service of prescribed documents — may be relevant to the court's assessment of the claim, depending on the ground and the specific facts.

Tenancy agreements

Existing tenancy agreements that reference a fixed term remain valid as contracts between the parties in other respects — clauses about pets, alterations, subletting, and so on continue to apply. Only the fixed-term element is overridden by statute.

For new tenancies, landlords should use a tenancy agreement specifically drafted for periodic tenancies. The National Residential Landlords Association (NRLA) and other bodies have updated their template agreements. Any agreement that purports to grant a fixed term is not effective as to that fixed term, even if the rest of the agreement is otherwise valid.

Under the Renters' Rights Act 2025, tenants also have the right to request permission to keep a pet. Any tenancy agreement should include a provision for handling pet requests in accordance with the statutory process — landlords must respond within the statutory period, ordinarily 28 days, and failure to respond may result in deemed consent.

What landlords must do now

The switch to periodic tenancies creates a number of practical actions for landlords to take:

• Review your tenancy agreements. Existing agreements continue to apply in contractual terms, but any fixed-term element is overridden by statute. New agreements should be drafted specifically for periodic tenancies without reference to a fixed end date.
• Understand the Section 8 grounds. Without Section 21, every possession claim must rely on a specific statutory ground. Familiarise yourself with the grounds that apply to your situation — mandatory grounds (where the court must grant possession if proved) and discretionary grounds (where the court decides).
• Build your compliance record. Possession claims under Section 8 depend on meeting your compliance obligations — gas, EICR, deposit protection, document service. A landlord who cannot evidence compliance is in a weaker position before the court.
• Plan rent increases through Section 13. Contractual review clauses are no longer effective. Any unilateral increase requires a Section 13 notice on Form 4A, minimum two months' notice, and cannot apply in the first 12 months of the tenancy.

What to record

The switch to periodic tenancies increases the importance of maintaining a dated compliance record. Because possession now requires establishing compliance at the time the ground arose, a landlord who cannot demonstrate that certificates were current, documents were served, and obligations were met is in a materially weaker position.

Key records to maintain for every periodic tenancy:

• Current gas safety certificate with date served on tenant
• Current EICR with date served on tenant
• Current EPC
• Deposit protection confirmation and Prescribed Information service date
• How to Rent guide — correct version — service date
• Right to rent check records for all adult occupiers
• RRA Information Sheet service date (for tenancies existing on 1 May 2026)
• Any pet request correspondence with dates