The assured periodic tenancy explained
Every private tenancy in England is now an assured periodic tenancy. What that is, how it starts, how it ends, and what your agreement can and cannot say.
England. Checked against the law on 27 September 2026. Information, not legal advice.
What it is
An assured periodic tenancy runs month to month (or week to week) with no end date. It is the only kind of private residential tenancy you can create in England since 1 May 2026, unless the let falls outside the Housing Act altogether (a lodger in your own home, a company let, a holiday let).
Starting one
- Advertise a rent. You cannot accept more than the advertised figure.
- Check the applicant's right to rent (a legal requirement in England) and take references if you want them. MyLandlordPA can order referencing from a firm of your choice; it never picks the tenant for you.
- Give the written statement of terms (section 16D) before the tenancy starts. It states the rent, the deposit, the property, the parties and the grounds you might rely on for possession (for example that you may want to sell).
- Take no more than one month's rent in advance and a deposit of at most five weeks' rent. Protect the deposit in a government scheme within 30 days and serve the prescribed information.
- Hand over the gas safety record, the EICR, the EPC and the "How to rent" guide.
While it runs
- Rent can go up once a year by section 13 notice with two months' notice. The tenant can challenge it at the First-tier Tribunal, which can only lower it.
- Repairs: the same duties as before (section 11 Landlord and Tenant Act 1985, the Homes (Fitness for Human Habitation) Act 2018), plus Awaab's law timescales as they roll out to the private sector.
- Pets: a written request needs a written answer. Refusal needs a reasonable reason.
Ending one
- The tenant gives two months' notice.
- You serve a section 8 notice citing a ground. Selling and moving in need four months' notice and cannot be used in the first twelve months. Rent arrears need three months owed at notice and at hearing. A court order is still needed if the tenant does not leave.
What your agreement cannot do
It cannot fix a term, set a rent-review clause, ban pets outright, ban children or benefits, or charge fees outside the Tenant Fees Act. A clause that tries is simply unenforceable.
Questions landlords ask
Can I still use a 12-month tenancy agreement?
You can use a written agreement, but it cannot fix a term. Any tenancy created since 1 May 2026 in England is periodic from the start, and a fixed-term clause has no effect.
What is the written statement of terms?
A document required by section 16D of the Housing Act 1988 as amended, given before the tenancy starts, setting out the key terms and the possession grounds the landlord may rely on. It is not the same as the tenancy agreement, though the two can be combined.
Does a lodger in my own home get an assured periodic tenancy?
No. A lodger who shares your home is an excluded occupier, outside the Housing Act. Different, much simpler rules apply.
More guides
What changed for landlords on 1 May 2026
The Renters' Rights Act came into force in England on 1 May 2026. Section 21 is gone, every tenancy is now periodic, and rent rises follow one procedure. Here is what a self-managing landlord actually has to do differently.
How to raise the rent (once a year, section 13)
In England you can raise the rent once every twelve months, by a section 13 notice on the prescribed form with two months' notice. Here is the procedure and what the tenant can do about it.
Deposits: the cap, the 30 days and the prescribed information
A tenancy deposit in England is capped at five weeks' rent, must be protected in a government-approved scheme within 30 days, and the tenant must get the prescribed information. Miss any of that and you face a penalty of up to three times the deposit.
The certificates every let needs (gas, electrical, EPC, alarms)
A private let in England needs a gas safety record every year, an electrical report every five years, an EPC rated E or better, and working smoke and carbon monoxide alarms. What each one is, how often, and what happens if you let without it.
Stop reading. Start uploading.
The PA keeps every date in this guide for you and asks before anything that costs money.