Updated for the 1 May 2026 law change: Renters' Rights Act 2025 now in force
Reviewed for the Renters' Rights Act · Updated 20 July 2026

Statutory periodic tenancy: what it was, and what it is now

If you are searching for "statutory periodic tenancy", the first thing to know is that the term now describes history. On 1 May 2026 the Renters' Rights Act converted every assured tenancy in England – fixed term, statutory periodic and contractual periodic alike – into a single type: the assured periodic tenancy. Here is what the old label meant, and what your tenancy is now.

What a statutory periodic tenancy was

Under section 5 of the Housing Act 1988, when an assured shorthold tenancy's fixed term ended and the tenant stayed without signing a renewal, a "statutory periodic tenancy" arose automatically. It ran from rent period to rent period, inherited the old agreement's terms, and could be ended by the landlord with a Section 21 notice.

Statutory vs contractual periodic – the old distinction

Statutory periodicContractual periodic
How it aroseAutomatically, when a fixed term expiredWritten into the agreement ("and thereafter monthly")
Legal basisCreated by statute (s5 HA 1988)Created by the contract itself
Council tax quirkCould shift liability for an empty property differentlyTreated as one continuous tenancy

Landlords and agents argued for years about which was better. The Renters' Rights Act made the debate obsolete.

What happened on 1 May 2026

What this means practically

If your tenant was "on a statutory periodic" – typically someone whose fixed term ran out years ago – their paperwork is now two regimes out of date: drafted for a fixed term that has expired, under a tenancy type that no longer exists. Nothing forces you to reissue, but a current assured periodic tenancy agreement puts the actual terms of the actual tenancy in writing, which is what a deposit adjudicator, tribunal or judge will ask to see first.

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