You can decide if you want to stay or leave the tenancy when your fixed term ends.
If you want to stay
You can either:
- ask for a new fixed term contract
- let your tenancy roll over to a periodic tenancy
Ask for a new fixed term
This is sometimes called a renewal agreement.
Before you sign, check you're happy with the:
- rent and any other terms
- length of the new agreement
From 1 June 2019, you can't be charged a fee for a new renewal agreement unless it's included in a contract you signed before that date.
Change to a periodic tenancy
This is a good option if you don’t want to be tied into a new fixed term.
Your tenancy becomes periodic automatically if you:
- stay in your home when the fixed term ends
- don’t agree a new contract with the landlord
A periodic tenancy rolls monthly or weekly depending how often you pay rent. Most of the terms (such as rent and payment dates) are the same as under your previous contract.
Your landlord can only increase the rent with your agreement or by giving you notice of the increase on a special form.
You can be evicted more easily from a periodic tenancy but the landlord still needs to follow the legal process.
When joint tenants want to stay
A fixed term tenancy becomes periodic if any joint tenants stay past the fixed term, without agreeing a new contract.
Find out how to end a joint tenancy if you want to leave but others want to stay.
If you want to leave
Many tenancies end automatically if you leave by the last day of the fixed term.
Some contracts continue as periodic tenancies after the fixed term unless you give notice to say you're leaving.
Check your contract before the fixed term ends to see if you have to give notice.
If there is a clause in your agreement, it will tell you how much notice to give.
It’s a good idea to tell your landlord that you plan to leave even if it's not mentioned in your agreement.
When your landlord wants you to leave
In some cases, your landlord may not want your tenancy to roll over to a periodic tenancy. They may want you to leave when your fixed term ends.
The landlord may:
- plan to sell the property
- want the property back to live in
Your landlord must give you formal notice in writing if you are an assured shorthold tenant and they want you to leave at the end of the fixed term.
If you don’t agree to leave when the notice expires, your landlord must follow eviction procedures for assured shorthold tenancies.
When your landlord or agent insists on a new fixed term
Get advice if your landlord or agent insists on a new fixed term contract when your fixed term ends instead of allowing your tenancy to roll over to a periodic tenancy.
You don’t need your landlord’s permission to go onto a periodic tenancy when your fixed term contract ends.
Your tenancy will become periodic automatically unless one of you takes steps to legally end the tenancy.
Some landlords might end the tenancy using section 21 eviction if tenants don't agree to a new fixed term
Options to end your fixed term tenancy early
You may be able to end your fixed term early if your contract has a break clause or if you can negotiate with your landlord.
If you don't end your tenancy legally, you could still be pursued for rent.
Last updated 23 Aug 2019 | © Shelter
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