Periodic tenancies
Periodic tenancies

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Periodic tenancies
  • What is a periodic tenancy?
  • Protection of Landlord and Tenant Act 1954 (LTA 1954), Pt II
  • Terminating a periodic tenancy
  • Tenants section 26 request in relation to a periodic tenancy
  • Tenancy at will or periodic tenancy?
  • Ongoing active negotiations
  • No ongoing negotiations
  • Acceptance of rent and negotiations with third parties

What is a periodic tenancy?

A periodic tenancy is a tenancy that can be created either by express agreement or by inference. The period of the tenancy will usually be the period by reference to which rent is reserved, rather than when it is payable.

By way of example, if the parties agree (or agreed under a previous fixed term lease) an annual rent of £30,000 payable monthly, a yearly periodic tenancy will likely arise, rather than a monthly tenancy. If the parties agree a quarterly or monthly rent, a quarterly or monthly tenancy will arise respectively.

A periodic tenancy will continue until determined by a notice to quit. This can be given by the other party, but must expire at the end of a relevant period. See: Terminating a periodic tenancy below for the notice periods.

In the absence of express terms to the contrary, where there are joint tenants or joint landlords, the notice to quit may be given by one of them without the concurrence of the others.

Protection of Landlord and Tenant Act 1954 (LTA 1954), Pt II

A periodic tenancy is capable of being a business tenancy under LTA 1954 so that tenants have security of tenure. This distinguishes a periodic tenancy from other types of tenancies, eg a tenancy at will, service tenancy or