Introduction to Tenancy Types
A tenancy is a legal agreement that allows someone to live in a property owned by another person, usually in exchange for rent. In the UK, tenancies set out the rights and responsibilities of both tenants and landlords. These agreements are the foundation of most renting arrangements, whether you are letting out a flat, renting a house, or sharing accommodation.
There are several types of tenancies in the UK, each with its own rules about rent, notice periods, and how the agreement can be ended. The two most common types are fixed-term tenancies and periodic tenancies. A fixed-term tenancy runs for a set period, such as six or twelve months. In contrast, a periodic tenancy continues on a rolling basis, often month-to-month or week-to-week, after an initial term ends or if no fixed term is specified.
Understanding the type of tenancy you have is crucial. It affects your legal rights, how much notice you need to give or receive to end the agreement, and what happens if you want to move out early or if the landlord wants you to leave. For both tenants and landlords, knowing your tenancy type helps you avoid misunderstandings and ensures you follow the correct legal process.
If you want to explore the wider range of tenancy types, you can read a detailed overview of tenancy types for renters and landlords in the UK. This broader context can help you see where fixed-term and periodic tenancies fit within the legal landscape.
Tenancy agreements in England and Wales are mainly governed by the Housing Act 1988. This law sets out the main rules for most private rentals, including how tenancies are created and ended. For a deeper dive into how tenancy types fit into the wider picture of renting law, you may also find it useful to review the types of tenancies section of the UK renting law overview.
By understanding the basics of tenancy types, you can make informed decisions, protect your rights, and avoid common pitfalls in the renting process.
What is a Fixed-Term Tenancy?
A fixed-term tenancy is a rental agreement that lasts for a specific period, such as six or twelve months. Both tenants and landlords agree on the length of the tenancy before it begins. This agreement can be made in writing or verbally, but having a written contract is always recommended for clarity and protection.
Most fixed-term tenancies in the UK are set for common periods like six months or one year. For example, you might sign a contract to rent a flat for 12 months. During this fixed term, both the landlord and tenant have certain rights and responsibilities. The tenant is expected to pay rent on time and look after the property. The landlord must keep the property in good repair and respect the tenant’s right to live there peacefully.
One of the main features of a fixed-term tenancy is that it usually cannot be ended early by either party unless there is a break clause in the agreement. This means the tenant is generally committed to paying rent for the whole term, and the landlord cannot ask the tenant to leave without a valid reason, such as a breach of contract.
As the end of the fixed term approaches, there are a few possible outcomes. The tenancy can be renewed for another fixed term if both parties agree. Alternatively, the tenancy might automatically become a periodic tenancy, which rolls on a week-to-week or month-to-month basis. Sometimes, either the landlord or tenant may choose to end the tenancy at the end of the fixed term by giving proper notice as set out in the agreement.
For more details on what should be included in a tenancy agreement – such as how duration and termination are handled – see our guide on Duration and Termination of the Tenancy. This can help you understand your rights and options as the fixed term comes to an end.
Ending a Fixed-Term Tenancy
Ending a fixed-term tenancy in the UK is different from ending a periodic tenancy. Both tenants and landlords must follow strict rules, especially when it comes to notice periods and early termination.
Notice Requirements During the Fixed Term
In most cases, neither the tenant nor the landlord can simply give notice to end the tenancy before the fixed term expires. The tenancy is set to last for the agreed period – often six or twelve months. However, there are some exceptions:
- Break Clauses: Some tenancy agreements include a break clause. This allows either party to end the tenancy early, usually after a certain date, by giving notice as specified in the agreement. Always check your tenancy agreement for details on any break clause and its requirements.
- Mutual Agreement: Both tenant and landlord can agree, in writing, to end the tenancy early. This is known as “surrendering” the tenancy.
- Serious Breaches: If a tenant seriously breaches the agreement (for example, by not paying rent or causing damage), a landlord may start eviction proceedings. Likewise, tenants may have grounds to leave if the property is unfit to live in.
If you want to understand more about what your agreement should say about ending the tenancy, see Key Things Every UK Tenancy Agreement Should Include under “Duration and Termination of the Tenancy”.
Early Termination: When Can a Fixed-Term Tenancy End Early?
Ending a fixed-term tenancy early is only possible in specific situations:
- Using a Break Clause: If your agreement has a break clause, follow its instructions. Usually, you must give at least two months’ notice.
- Negotiating with the Other Party: If there’s no break clause, you can ask the landlord or tenant to agree to end the tenancy early. Ensure any agreement is in writing.
- Legal Grounds: Landlords can only end a fixed-term tenancy early for certain legal reasons, such as serious rent arrears or anti-social behaviour. They must follow the correct legal process and provide the required notice. Official guidance on notice requirements is available on GOV.UK.
If you’re struggling to pay rent, it’s important to act quickly. For advice on what to do if you’ve missed a payment, read our guide on Late or Missed Rent Payments.
Rent Payments and Deposit Protection
Even if you move out before the fixed term ends, you are usually responsible for paying the rent until the tenancy expires or until a new tenant is found – unless you have a break clause or have agreed otherwise with your landlord.
Your landlord must also protect your deposit in a government-approved scheme throughout the fixed term. If the tenancy ends, the deposit should be returned promptly, minus any agreed deductions for damage or unpaid rent.
Understanding your rights and responsibilities is key to avoiding disputes. Always read your tenancy agreement carefully, and seek advice if you’re unsure about your options.
What is a Periodic Tenancy?
A periodic tenancy is a type of rental agreement that runs on a rolling basis, usually from week to week or month to month. Unlike a fixed-term tenancy, which has a set end date, a periodic tenancy continues automatically until either the tenant or landlord gives notice to end it.
There are two main ways a periodic tenancy can begin. Most commonly, it starts when a fixed-term tenancy comes to an end and neither side takes steps to renew or end the agreement. In this case, the tenancy simply “rolls over” into a periodic arrangement, usually following the same rent payment cycle as before. Alternatively, a periodic tenancy can be agreed from the very start, with both landlord and tenant deciding not to set a fixed term.
Periodic tenancies are popular for their flexibility. They allow tenants to move on with less commitment and give landlords the option to regain possession of their property more easily. Notice periods are typically shorter than with fixed-term tenancies, but both parties must still follow the correct legal process when ending the agreement.
During a periodic tenancy, the rights and responsibilities of both landlord and tenant remain much the same as during a fixed-term. Tenants must pay rent on time, look after the property, and follow the terms of the tenancy agreement. Landlords must carry out repairs, respect the tenant’s right to quiet enjoyment, and protect any deposit in a government-approved scheme.
It’s important to check what your tenancy agreement says about notice periods and other terms. For more on what should be included in your agreement, see Duration and Termination of the Tenancy. This can help you understand your legal position and avoid misunderstandings.
Ending a Periodic Tenancy
Ending a periodic tenancy is generally more straightforward than ending a fixed-term tenancy. However, both tenants and landlords must follow the correct legal process to avoid disputes.
Notice Periods for Tenants
If you are a tenant on a periodic tenancy, you can usually end your agreement by giving written notice to your landlord. The standard notice period is at least one full rental period. For example, if you pay rent monthly, you must give at least one month’s notice. If you pay weekly, the notice period is one week. Always check your tenancy agreement, as it may specify a longer notice period.
Make sure your notice is given in writing and includes the date you intend to leave. The notice period must end on the last day of a rental period, unless your agreement says otherwise.
Notice Periods for Landlords
Landlords must follow stricter rules when ending a periodic tenancy. In most cases, they need to serve a Section 21 notice (for assured shorthold tenancies in England) or the relevant notice for your tenancy type. The minimum notice period is usually two months, but it can vary depending on local regulations and the reason for ending the tenancy.
For detailed guidance and access to notice templates, landlords can refer to resources provided by the National Residential Landlords Association, such as Landlord End Of Tenancy Notices, Templates & Guidance | NRLA.
How Notice Periods Differ from Fixed-Term Tenancies
With a fixed-term tenancy, neither party can usually end the agreement early unless there is a break clause or both sides agree. By contrast, periodic tenancies are more flexible. Both tenants and landlords can end the tenancy by giving the correct notice at any time, subject to legal requirements.
The Process of Giving and Receiving Notice
To end a periodic tenancy, the process generally involves:
- Writing a notice: Clearly state your intention to end the tenancy and include the date you plan to leave.
- Serving the notice: Deliver the notice to the other party. This can be done by post, email (if your agreement allows), or by hand.
- Confirming receipt: It’s a good idea to ask for confirmation that the notice has been received, especially if you send it by post or email.
- Final arrangements: Arrange for a final inspection, return of keys, and the return of your deposit.
For a deeper understanding of what your tenancy agreement should cover regarding notice and termination, see Duration and Termination of the Tenancy.
By following the correct steps and notice periods, both tenants and landlords can end a periodic tenancy smoothly and legally.
Comparing Fixed-Term and Periodic Tenancies
Understanding the differences between fixed-term and periodic tenancies is vital for both tenants and landlords. Each type offers its own level of flexibility, security, and obligations. Below, we compare their main features, as well as the pros and cons for all parties involved.
Duration and Flexibility
A fixed-term tenancy runs for a set period, usually six or twelve months. The end date is agreed at the start and both parties are generally bound until then. In contrast, a periodic tenancy continues on a rolling basis – monthly or weekly – after a fixed term ends or from the start, if no fixed term is set. This means tenants and landlords have greater flexibility to end the arrangement with proper notice.
Notice Periods
Notice requirements differ significantly. In a fixed-term tenancy, tenants usually cannot leave early without the landlord’s agreement or a break clause. Landlords also cannot evict tenants easily before the term ends unless there is a breach of contract. For periodic tenancies, tenants can usually give one month’s notice (or four weeks for weekly tenancies), while landlords must follow legal notice periods, which can vary depending on circumstances.
For a fuller picture of how tenancy agreements should address these issues, see our guide on Duration and Termination of the Tenancy.
Security of Tenure and Eviction
Fixed-term tenancies offer more security, as tenants know they have a home until the term ends. Landlords must follow strict legal processes to evict a tenant during the term, usually requiring evidence of a breach. With periodic tenancies, tenants have less guaranteed security but more freedom to move. Landlords can regain possession more easily, provided they give the correct notice and follow the law.
Advantages and Disadvantages
For tenants:
- Fixed-term tenancies provide stability and predictable rent but less flexibility if circumstances change.
- Periodic tenancies offer freedom to move with shorter notice but less certainty about how long you can stay.
For landlords:
- Fixed-term agreements ensure rental income for a set period but can make it harder to regain possession quickly if needed.
- Periodic tenancies allow more flexibility to change terms or reclaim the property, but with less guaranteed income.
Practical Considerations
Choosing the right tenancy type depends on your needs. Tenants seeking stability may prefer fixed terms, while those wanting flexibility might opt for periodic. Landlords should consider their plans for the property and how much security they want.
Be aware that both tenancy types are subject to the Tenant Fees Act, which limits what landlords can charge tenants. For more details, see the official Tenant Fees Act – GOV.UK guidance.
Taking time to understand these differences can help both tenants and landlords make informed decisions and avoid disputes down the line.
Additional Considerations for Tenants and Landlords
When managing a fixed-term or periodic tenancy, both tenants and landlords need to be aware of several important responsibilities and scenarios. Understanding these can help prevent disputes and ensure everyone’s rights are protected.
Rent Payments and What Happens If You Miss One
Tenants must pay rent on time, whether the tenancy is fixed-term or periodic. If rent is late or missed, landlords can charge interest or late fees if this is included in the tenancy agreement. Persistent late payments may lead to eviction proceedings, especially in periodic tenancies where notice periods can be shorter. Landlords should always follow the correct legal process before taking action. For more detail on what should be included in your tenancy agreement regarding rent, see Rent Details and Payment Terms.
Deposits and Maintenance
Landlords must protect tenants’ deposits in a government-approved scheme. This ensures the deposit is returned at the end of the tenancy unless there are valid reasons for deductions, such as unpaid rent or damage beyond normal wear and tear. Tenants have the right to a safe, well-maintained property. Landlords are responsible for most repairs, including heating, plumbing, and the structure of the building. Tenants should report issues promptly and allow reasonable access for repairs.
Council and Housing Support
If tenants struggle to pay rent or face eviction, local councils can offer support. This may include advice, financial help, or assistance finding alternative accommodation. Councils may also get involved if a property does not meet health and safety standards. Landlords must comply with regulations to avoid enforcement action or fines.
Special Tenancy Situations
Some renting arrangements have extra rules:
- House Sharing and HMOs (Houses in Multiple Occupation): If several unrelated people share a home, the property may be classed as an HMO. Landlords of HMOs must meet stricter safety and licensing rules.
- Joint Tenancies: When more than one person signs the same tenancy agreement, all tenants are jointly responsible for the rent and any damage. If one person leaves, the others may still have to cover the full rent.
- Lodgers: If you rent a room in your landlord’s home, you are usually a lodger rather than a tenant. Lodgers have fewer rights and can often be asked to leave with shorter notice.
Understanding these additional considerations can help tenants and landlords avoid common pitfalls and ensure their tenancy runs smoothly. If you are unsure about your situation, seeking advice early can make a big difference.
Related Tenancy Types and Situations
When exploring fixed-term and periodic tenancies, it’s helpful to understand other common tenancy types and renting situations in the UK. Each arrangement comes with its own set of rules, rights, and responsibilities.
If you’re a student, you may encounter specific tenancy agreements designed for student accommodation. These often have unique terms and protections. For a detailed overview, visit our guide on student housing tenancy types and rights.
Living with others is also common, either through house sharing or by renting in a property with multiple tenants. House sharing can involve joint or separate agreements, and it’s important to know how your legal rights may differ. Find out more in our section on house sharing arrangements.
Some properties are classed as Houses in Multiple Occupation (HMOs). HMOs have stricter safety and management standards, and landlords must meet additional legal requirements. This is especially relevant if you share with several unrelated people.
Understanding whether your tenancy is joint or sole is also crucial. In a joint tenancy, all tenants share responsibility for the rent and property, while a sole tenancy means you are the only person legally responsible. Each option affects how you can end the tenancy or deal with disputes.
If you rent a room in your landlord’s home, you may be classed as a lodger rather than a tenant. This brings different rights and notice periods. Learn more about lodgers and resident landlords to see how these arrangements work.
No matter your tenancy type, it’s vital to know your legal rights and responsibilities when renting a house. These cover areas like repairs, deposits, and notice periods.
If you rent from a private landlord, there are specific rules and protections to be aware of. Our guide on rights and responsibilities when renting from a private landlord explains what you need to know.
Many tenants find their homes through letting agents. If this applies to you, read about your rights, fees, and key advice when renting through a letting agent.
Finally, every tenancy agreement should clearly state key details such as the length of the tenancy and how it can be ended. For guidance on what to look for, see our checklist of key things every UK tenancy agreement should include.
By understanding these related tenancy types and situations, you can make informed decisions and protect your rights as a tenant or landlord.
Housing Support and Tenant Protections
Understanding your rights and the support available is essential for both fixed-term and periodic tenants. The UK has several protections in place to help tenants facing difficult situations, including homelessness, domestic abuse, or changes in their tenancy status.
When the Council Must Rehouse Tenants
If you are at risk of losing your home, local councils have a legal duty to help in certain situations. This is known as the "main housing duty." The council must assess your situation and provide you with suitable accommodation if you meet specific criteria, such as being legally homeless or at risk of homelessness within 56 days. For more details on when and how the council must step in, see our guide to When the Council Must Rehouse You: Main Housing Duty.
Support for Victims of Domestic Abuse
If you are experiencing domestic abuse, you have the right to seek safe accommodation. Councils and specialist charities offer refuge housing, providing a secure place to stay and support services. This can be a vital lifeline, whether you are in a fixed-term or periodic tenancy. Learn more about your options and how to access help in our section on Refuge Housing for Domestic Abuse.
Rights of Sitting Tenants
Long-term renters, sometimes called "sitting tenants," have extra protections, especially if their tenancy began before certain legal changes. These rights can include security of tenure and regulated rent increases. Understanding your status as a sitting tenant can help you protect your home and plan for the future. For a detailed explanation of your rights, visit Sitting Tenants: Rights for Long-Term Renters.
Council Tenancy Management
If you rent from the council, there are clear rules about how your tenancy is managed. This includes how your tenancy can be ended, how rent is set, and what support is available if problems arise. Whether you have a fixed-term or periodic council tenancy, it’s important to know how these processes work. Find practical guidance in our overview of Council Tenancy Management.
Getting Further Help
If you need advice or support with your tenancy, organisations like Citizens Advice can offer free, confidential help. They can guide you through your rights, help you challenge unfair treatment, and explain what steps to take if you are facing eviction or need repairs.
For more on related housing issues, such as repairs and maintenance responsibilities, see our page on Council Housing Repairs and Maintenance.
If you have questions about your tenancy, housing rights, or need help taking action, Contend’s AI Legal Assistant is here to support you. You can:
- Get clear, personalised answers about your tenancy type and your rights.
- Receive step-by-step guidance on what to do if you’re facing eviction or need support from the council.
- Create tailored letters or documents to request repairs, challenge a notice, or apply for housing support.
Whether you’re unsure about your next steps or need help understanding your legal options, Contend can provide the information and tools you need to protect your home.
