Fixed-term tenancies are gone, here’s what actually replaced them
Fixed-term tenancies are gone: Here's what actually replaced them On 1 May 2026, the structure of private tenancies in England changed in a way that affects almost every landlord in the sector.
Fixed-term assured shorthold tenancies were abolished and replaced, for both new and existing tenancies simultaneously, with assured periodic tenancies. Almost all assured shorthold tenancies that existed on 1 May 2026 converted to the new framework automatically on that date. The exception covers tenancies where a valid Section 21 or Section 8 notice had already been served before 1 May 2026 and possession proceedings had not concluded: those tenancies do not convert until proceedings finish. Category exemptions also apply, including tenancies with rent above £100,000 per year, company lets, and certain exempt student accommodation. For the vast majority of private landlords, the conversion was immediate and automatic.
What an assured periodic tenancy actually is
An assured periodic tenancy, commonly referred to as an APT or a rolling tenancy, has no fixed end date. It continues indefinitely, rolling from one rent period to the next, until one of the parties takes a step to end it. If rent is paid monthly, the tenancy period is monthly. The tenancy does not expire, does not require renewal, and does not carry an end date that either party needs to plan around.
According to the GOV.UK guide to the Renters’ Rights Act, a tenant under an APT can stay in their home until they choose to leave by giving two months’ written notice. For landlords, the corollary is that the tenancy cannot be ended simply because a fixed term has run its course. A landlord who wants to regain possession must use Section 8, citing one or more of the specific grounds set out in the legislation, and must follow the correct notice and evidence requirements for whichever ground or grounds apply.
What happened to existing fixed-term agreements
For tenancies signed before 1 May 2026, the conversion was automatic and required no action from either landlord or tenant in respect of the tenancy structure itself. The NRLA’s guidance is clear that the old agreement and the new periodic tenancy are treated as one continuous tenancy. There is no need to re-serve compliance documents such as the Gas Safety Certificate, EICR, or EPC, and the tenancy deposit does not need to be re-registered. The fixed-term clause in the old agreement became unenforceable from 1 May 2026, as did any break clause the agreement contained.
However, landlords did have one mandatory follow-up obligation: providing every existing tenant with the government’s official Renters’ Rights Act Information Sheet by 31 May 2026. For tenancies that were purely oral, a written statement of terms was also required by that date. This was a compliance deadline, not an optional step.
A tenancy signed before 1 May 2026 but with a start date after it was also treated as an existing tenancy for the purposes of conversion, provided all parties had signed before that date.
What this means for how landlords manage tenancies
The practical effect of the shift to assured periodic tenancies is that several recurring administrative tasks disappear. Annual renewal conversations, decisions about whether to offer a new fixed term or allow a tenancy to roll monthly, and the paperwork cycle associated with those decisions are no longer part of the landlord’s management workload. A tenancy continues without action being required from either party.
What replaces those tasks is a different set of ongoing obligations. Rent increases can only be made once per twelve months and must follow the Section 13 process, using Form 4A and giving at least two months’ written notice. Possession, when it is genuinely needed, must be pursued through Section 8 with appropriate grounds and evidence. And for any new tenancy signed from 1 May 2026, written terms must be provided to tenants before the agreement is signed.
The NRLA’s note that this represents the most significant change to the private rented sector in nearly four decades is accurate. The framework is different to what came before in almost every structural respect. Operating within it confidently begins with understanding precisely what the assured periodic tenancy is and what it requires.
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This article was originally published by BriefYourMarket and is reproduced here with their permission.
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