Periodic tenancies explained: key changes coming on 1 May 2026

Sebastian Wahlstrom, Associate

As reported previously by Duncan McGregor, amongst other measures, the UK Government is set to introduce a new system of periodic tenancies by scrapping both the fixed term residential tenancies and the so-called “no-fault” evictions by landlords on the 1 May 2026 pursuant to the Renters’ Rights Act 2025 (Act).

The periodic tenancy regime will affect both new tenancies starting from 1 May 2026, as well as existing tenancies. This means if you have with a fixed term tenancy in place prior to 1 May 2025, this will be automatically converted to a periodic tenancy on the 1 May 2026 regardless of its fixed term which will, in most cases, mean that it is a monthly rolling tenancy in line with the frequency of the rent payments.

Key considerations for landlords:

1. Students in rented accommodation will be able to terminate their tenancy at any time on giving 2 months’ notice. This can leave an empty student House in Multiple Occupation (HMO) midway through the academic year, or potentially as soon as the examination period has ended, where landlords will previously have enjoyed the assurance of a 12-month fixed term tenancy.
2. If you are selling a tenanted property with vacant possession, you will need to serve 4 months’ notice on the tenant(s), preferably before marketing it for sale. Ensure you have repossessed your property from your tenants in advance of exchange of contracts to avoid issues on completion where you are contractually obligated to hand over the property with vacant possession.
3. Tenants will be able to act more freely depending on their personal circumstances, preferences, and behavioural or financial uncertainty. This can lead to a higher frequency of shorter-term lettings, resulting in higher letting agent fees, referencing costs, maintenance and repair and rental income voids for unlet periods.

A landlord will only be able to evict their tenant if they have declared one of the grounds for possession laid out in section 8 of the Housing Act 1988 to end the tenancy and ensure that they have complied with the notice requirement for the chosen ground. The Act will abolish section 21 evictions.

As part of the possession procedure, the landlord will need to ensure that they have:

• Secured the tenant’s rental deposit in a government approved deposit protection scheme and provided them with the prescribed information on the same, ahead of the tenancy.
• Provided the tenant(s) with a valid Energy Performance Certificate (EPC), ahead of the tenancy.
• Provided the tenant(s) with a current Gas Safety Certificate, ahead of the tenancy (and every 12 months thereafter).
• Procured an electrical certificate at least every 5 years, to evidence good order.
• Provided the tenant(s) with the most recent government ‘How to Rent’ Guide, ahead of the tenancy.
• Provide the tenant(s) with a written statement of the key terms of the tenancy, at the start of the tenancy.
• Served notice on the tenant(s) as to any mortgage lender’s interest in the property

Landlords who repossess their property on grounds for moving into it or to sell it will not be able to market or re-let it for a period of 12 months after using these grounds for possession. Re-letting includes short term lets like AirBnB and the likes.

They will also not be able take steps to repossess the property in the first 12 months of a new tenancy, on grounds for moving into it or selling it.

A tenant, on the other hand, will be able to end their tenancy at any time by giving 2 months’ notice, without reason.

Some of the most common grounds for possession as of 1 May 2026 are:

Finally, it is important to note that these changes only affect residential properties in England. Wales have their own legislation as to private renting, and it is thought that the Welsh Government will review its laws and decide if it should follow suit.

If you have any queries about how this change may impact you or your property, please feel free to contact one of our residential property solicitors.