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Rights to remain on expiry of fixed term

This content applies to England

The rights tenants have to remain in occupation of a property when a fixed term ends.

When an assured shorthold tenant remains in the property on expiry of the fixed term – whether the tenancy was created before or after 28 February 1997, the tenancy becomes a statutory periodic assured shorthold tenancy unless the tenancy agreement provides otherwise.[1]

Tenancy provides for contractual periodic tenancy to arise

Where the tenancy agreement sets out that on expiry of the fixed-term a contractual periodic tenancy will arise, this new periodic tenancy will be a continuation of the original tenancy. In this case the landlord and tenant will be bound by the same contractual terms as originally agreed.

Statutory periodic tenancies

A statutory periodic tenant also has the right to remain in occupation under the same terms as the original agreement, except that terms regarding the following no longer apply:

Agreeing to a further period

The landlord and tenant can agree to a further contractual period, either a fixed term of any length or a contractual periodic tenancy.

[1] s.5(2) Housing Act 1988.

[2] s.5(3)(e) Housing Act 1988.

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