Q&As

Where a written periodic tenancy states that one month's notice must be given to terminate the tenancy, can the notice expire at any time or must it expire at the end of the monthly period?

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Published on LexisPSL on 18/03/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a written periodic tenancy states that one month's notice must be given to terminate the tenancy, can the notice expire at any time or must it expire at the end of the monthly period?

Where a written periodic tenancy states that one month's notice must be given to terminate the tenancy, can the notice expire at any time or must it expire at the end of the monthly period?

A periodic tenancy is a tenancy which does not have a fixed term but rather rolls over from period to period (for example annually). A periodic tenancy will arise following the expiration of a fixed term assured shorthold tenancy (AST) if the landlord and the tenant do not agree to enter into another fixed term tenancy, and is referred to as a statutory periodic tenancy as it arises by operation of section 5(2) of the Housing Act 1988 (HA 1988). Parties are also at liberty to agree a contractual periodic tenancy from the outset.

If the periodic tenancy in question is a statutory periodic tenancy, HA 1988, s 5 provides that the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy (so if rent was payable monthly, the relevant periods are monthly). A contractual periodic tenancy may specify the relevant periods.

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