Tenants rights to remain when a fixed term AST expires

The rights tenants have to remain in occupation of a property when an assured shorthold tenancy (AST) fixed term ends.

This content applies to England

Expiry of fixed term

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, the periodic tenancy is 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:

  • the landlord or the tenant ending the tenancy[2]

  • rent increases

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.

Last updated: 23 March 2021

Footnotes

  • [1]

    s.5(2) Housing Act 1988.

  • [2]

    s.5(3)(e) Housing Act 1988.