Assured Periodic Tenancy Explained: The New Default Tenancy in England (2026)

From 1 May 2026, all new private tenancies in England are assured periodic tenancies. Fixed-term ASTs are abolished. Here's what changed and what it means.

If you let a property in England, your tenancy is almost certainly an assured periodic tenancy now — whether or not you have updated your paperwork. The Renters' Rights Act 2025 abolished fixed-term assured shorthold tenancies on 1 May 2026 and converted every existing AST to periodic on the same date, automatically and without any action required from landlord or tenant. Understanding what that means for how you manage tenancies, serve notices, and increase rent is no longer optional.

What Is an Assured Periodic Tenancy?

An assured periodic tenancy (APT) is a rolling tenancy with no fixed end date. It runs forward from one rent period to the next — typically month to month — until the tenant ends it by giving notice or the landlord obtains a court possession order.

Section 1 of the Renters' Rights Act 2025 inserted a new section 4A into the Housing Act 1988, making every new assured tenancy in England periodic from the day it is granted. Section 2 of the same Act abolished the entire assured shorthold tenancy chapter of the Housing Act 1988. Both came into force on 1 May 2026 under SI 2026/421 (Commencement No. 2 and Transitional and Saving Provisions Regulations 2026).

There is now only one kind of assured tenancy in England's private rented sector: a periodic one.

What Happened to Existing ASTs on 1 May 2026?

Every assured shorthold tenancy still in force on 1 May 2026 converted automatically to a periodic assured tenancy by operation of the saving provisions in SI 2026/421. No notice was required, no new agreement needed to be signed, and no consent from either party was needed. At one minute past midnight on 1 May 2026, every AST in England became an APT.

What stayed the same:

The rent figure in force on 30 April 2026
The deposit amount (no re-protection required by reason of the conversion alone)
The named tenants on the original agreement
The named guarantors (subject to what their guarantee agreement actually says)

What changed:

The fixed end date became a dead letter — the tenancy no longer ends on the date specified in the original agreement
The tenant gained a statutory right to end the tenancy at any time with two months' written notice
The landlord lost the Section 21 no-fault possession route entirely
Contractual rent-review clauses (RPI-linked increases, annual escalators) were disapplied — section 13 of the Housing Act 1988 is now the only lawful route to a rent increase
The rent period is capped at monthly — six-monthly or annual rent periods are no longer enforceable

You do not need to issue a new tenancy agreement for an existing converted tenancy. The original agreement remains operative on its surviving terms. Clauses that the Renters' Rights Act has banned — fixed-term duration clauses, contractual rent-review mechanisms, blanket pet bans — are struck out automatically, even if they still appear in the document.

Can Landlords Still Offer Fixed-Term Tenancies?

No. It is no longer possible to create a fixed-term assured shorthold tenancy in England's open-market private rented sector. Any clause in a new tenancy agreement purporting to fix a term of six or twelve months is legally void and unenforceable.

The only exception is accommodation provided by or on behalf of certain specified educational institutions for their students. This exception is strictly limited to those institutions — it does not extend to private landlords who happen to let to students.

How a Tenant Ends an Assured Periodic Tenancy

Under Protection from Eviction Act 1977 section 5(1ZA), inserted by section 5 of the Renters' Rights Act 2025, a tenant can end an APT at any time by giving two months' written notice. There is no requirement to wait for any particular point in the tenancy, no break-clause window, and no minimum occupation period before notice can be served.

The maximum notice you can require from a tenant in a Written Statement of Terms is two months. If you do not specify a notice period in the Written Statement, two months applies by default. You cannot require more than two months and any clause attempting to do so is void.

How a Landlord Ends an Assured Periodic Tenancy

The landlord can only end an APT by serving a Section 8 notice on one or more of the grounds in Schedule 2 to the Housing Act 1988 (as amended by the Renters' Rights Act 2025) and then obtaining a court possession order. Section 21 no-fault eviction is abolished entirely.

The key possession grounds landlords now use include:

Ground 1 (landlord or close family member wants to move in) — 4 months' notice, cannot be used in the first 12 months
Ground 1A (landlord intends to sell the freehold) — 4 months' notice, cannot be used in the first 12 months
Ground 8 (serious rent arrears — at least 3 months' rent) — 4 weeks' notice
Ground 14 (antisocial behaviour) — no minimum notice period

The 12-month restriction on Grounds 1 and 1A is calculated from the start date of the tenancy. During the first 12 months, those grounds cannot be used even if valid notice is served — though a valid notice can be served earlier if the date specified in the notice falls after the 12-month point.

Advance Rent and Rent Periods

Section 9 of the Renters' Rights Act 2025 amended the Tenant Fees Act 2019 to make advance rent a prohibited payment. You cannot require a tenant to pay more than one month's rent in advance before or at the start of a new tenancy. The exception is tenancies where the advance-rent requirement was agreed before 1 May 2026 — those carry forward on their original terms.

The rent period itself is capped at monthly for new assured tenancies. Quarterly and annual rent arrangements are unenforceable for new lets.

Rent Increases

Contractual rent-review clauses in existing ASTs were disapplied on 1 May 2026. For all assured periodic tenancies — whether converted or new — the only lawful route to increase rent is by serving a section 13 notice under the Housing Act 1988. Key rules:

Rent can only be increased once in any 12-month period
The tenant must be given two months' notice of the proposed increase
The tenant can challenge the proposed rent at the First-tier Tribunal (Property Chamber) if they consider it above market rate

Any increase in the 12-month cycle resets the clock. Even if you agreed a rent increase with the tenant informally, this should be documented via the proper section 13 process to be enforceable.

Tenancy Documents and the Written Statement

For any new tenancy created on or after 1 May 2026, you must provide a Written Statement of Terms before the tenancy is agreed. This sets out the key terms — landlord and tenant names, address, start date, rent, notice periods, and your statutory obligations. See our guide to the Information Sheet and Written Statement for the full required content.

Your old AST template will almost certainly contain clauses that are now void — fixed-term duration, contractual rent reviews, blanket pet bans. Using an old template for a new let risks being fined up to £7,000 for failing to provide a compliant Written Statement.

mypy's compliance hub tracks which tenancies have had the Written Statement served and flags any existing agreements with clauses that conflict with the new APT framework. It is free for your first two properties — check your portfolio's status now.

Frequently asked questions

What happened to my fixed-term AST on 1 May 2026?

It converted automatically to an assured periodic tenancy under the saving provisions in SI 2026/421. Your tenant did not need to sign a new agreement. The rent figure, deposit, and named parties carry over unchanged. The fixed end date became unenforceable, and the tenant now has a right to end the tenancy with two months' notice at any time.

Can I still use Section 21 to evict a tenant whose AST converted?

No. Section 21 was abolished by section 2 of the Renters' Rights Act 2025 with effect from 1 May 2026. Any Section 21 notice served on or after that date is void. For converted tenancies, possession can only be sought via the reformed Section 8 grounds.

Can I offer a new 12-month fixed-term tenancy?

No. Fixed-term assured shorthold tenancies are abolished for new lets in England's open-market private rented sector. All new tenancies must be assured periodic tenancies from the first day. Any fixed-term clause in a new tenancy agreement is void.

Does the 12-month protected period mean I cannot evict anyone in the first year?

The 12-month protected period restricts Grounds 1 and 1A (moving in and selling) — these cannot be used until 12 months after the tenancy started. Fault-based grounds — rent arrears, antisocial behaviour, breach of tenancy — remain available throughout, including during the first month of a tenancy.

Do I need to re-register the deposit after the AST converted?

No. The conversion to an APT on 1 May 2026 does not require the deposit to be re-protected or prescribed information to be re-served. The original protection and prescribed information serve carries over on the converted tenancy. You should, however, make sure your file contains evidence of the original timely service.

Sources

This article is general guidance, not legal advice. Verify your obligations against current GOV.UK guidance or seek professional advice for your circumstances. Last reviewed 2026-07-11.