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 periodic | Contractual periodic | |
|---|---|---|
| How it arose | Automatically, when a fixed term expired | Written into the agreement ("and thereafter monthly") |
| Legal basis | Created by statute (s5 HA 1988) | Created by the contract itself |
| Council tax quirk | Could shift liability for an empty property differently | Treated 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
- Existing statutory and contractual periodic tenancies became assured periodic tenancies automatically – no new signature was needed, and the written terms carried over where consistent with the Act.
- Fixed terms were abolished, so no new statutory periodic tenancy can ever arise: there is no fixed term to expire.
- Section 21 was abolished with them – possession now runs through the revised Section 8 grounds.
- Landlords acquired new duties, including giving tenants the official information sheet about the conversion – see our guide to the information sheet requirements.
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"on a statutory periodic" – typically someone whose fixed term ran out years ago – their paperwork is now two regimes out of date: drafted for a fixed term that has expired, under a tenancy type that no longer exists.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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