Ending a tenancy can feel complicated, especially when dealing with a periodic tenancy - a rental agreement that rolls over automatically each week or month without a fixed end date. Whether you’re a landlord wanting to reclaim your property or a tenant planning to move out, knowing the legal rules around periodic tenancies can help you avoid unnecessary delays or disputes.
What is a periodic tenancy?
A periodic tenancy is a rental agreement that continues indefinitely on a rolling basis, usually monthly or weekly, instead of having a fixed end date like a standard tenancy. These tenancies typically arise in two ways:
Statutory periodic tenancy: When a fixed-term tenancy expires, and the tenant remains in the property without signing a new contract, the tenancy automatically becomes periodic.
Contractual periodic tenancy: Some tenancy agreements specifically state that the tenancy will continue on a rolling basis after the initial fixed term.
Because periodic tenancies don’t have a set end date, they continue until either the tenant or landlord serves notice to end the agreement.
You can learn more in our complete guide to periodic tenancies.
How does a periodic tenancy work?
Periodic tenancies are flexible because they automatically renew as long as rent continues to be paid. The notice period required to end the tenancy usually depends on how often rent is paid. Since periodic tenancies have no fixed end date, it’s essential for both landlords and tenants to understand their rights and responsibilities when ending the agreement. The main types of periodic tenancies are:
Statutory periodic tenancy: The tenancy renews every week, and the tenant typically must give at least one week’s notice before leaving.
Contractual periodic tenancy: The most common type, where rent is paid monthly and at least one month’s notice is usually required.
Weekly, monthly, or quarterly periodic tenancy: Less common, but notice periods often align with rent payments.
How can a landlord end a periodic tenancy?
If you're a landlord looking to end a periodic tenancy, it's essential to follow the correct legal process to avoid delays or legal disputes. In most cases, this means serving the correct notice and, if necessary, applying to the court for possession. There are two legal ways to end a periodic tenancy, depending on the circumstances:
Serving a Section 21 notice
A Section 21 notice allows a landlord to end a tenancy without giving a specific reason, but it must be served correctly:
The landlord must provide at least two months' notice.
The notice must comply with legal requirements, including deposit protection rules and provision of necessary documents such as an Energy Performance Certificate (EPC) and gas safety certificate.
If the tenant does not leave by the end of the notice period, the landlord must apply for a possession order.
Serving a Section 8 notice
A Section 8 notice is used when the tenant has breached the terms of the tenancy agreement, such as failing to pay rent or causing damage.
The required notice period varies depending on the grounds for eviction.
If the tenant does not vacate, the landlord must apply to the court for a possession order and attend a hearing.
If the court grants possession and the tenant still refuses to leave, the landlord may need to obtain a warrant for eviction by bailiffs.
Steps to evict a tenant with a periodic tenancy
Review the tenancy agreement: Ensure the agreement allows for eviction under the appropriate legal grounds.
Choose the correct eviction notice: Decide whether to serve a Section 21 or Section 8 notice based on the circumstances.
Serve the eviction notice: Provide the tenant with the correct notice period in writing, ensuring it complies with legal requirements.
Wait for the notice period to expire: Allow the tenant the required time to leave the property voluntarily.
Apply for a possession order: If the tenant does not leave after the notice period, apply to the court for a possession order.
Attend a court hearing (if required): If the eviction is challenged, the landlord may need to attend a court hearing to justify the eviction.
Obtain a warrant for possession: If the tenant refuses to leave after the court order, apply for a warrant allowing bailiffs to carry out the eviction.
Enforce eviction through bailiffs: If necessary, arrange for bailiffs to remove the tenant legally and regain possession of the property.
When in doubt, seek support from a legal professional like a tenant eviction solicitor. They can help guide you through the full process from start to finish.
How can a tenant end a periodic tenancy?
If you’re a tenant in a periodic tenancy, you can end your agreement at any time by giving your landlord the correct notice. However, it's important to follow the right process to avoid extra rent payments or legal disputes.
Step 1: Check your notice period
The amount of notice you need to give depends on how often you pay rent:
One month’s notice if you pay rent monthly.
Four weeks’ notice if you pay rent weekly.
Longer notice – if your tenancy agreement specifies a longer notice period (always check your contract).
💡 Tip: The notice period usually starts from your next rent payment date, not the day you hand in your notice.
Step 2: Provide written notice
To officially end your tenancy, you must give your landlord written notice or a 'notice to quit'. Your notice letter or email should include:
Your name and address.
The date your tenancy will end (this must align with your notice period).
A statement confirming you are ending the tenancy.
Step 3: Pay rent until your notice ends
You must continue paying rent until the end of your notice period - even if you move out earlier.
If you don’t pay, your landlord could take legal action to recover unpaid rent.
What does the law say about periodic tenancy evictions?
Landlords and tenants must follow legal requirements when ending a periodic tenancy. The key legal considerations include:
Tenant protection against unfair eviction: The Deregulation Act 2015 prevents landlords from serving a Section 21 notice if they have failed to address maintenance issues reported by the tenant.
Proper notice periods: Landlords must serve the correct notice and comply with deposit protection regulations as per the Housing Act 2004.
Court proceedings if required: If a tenant does not leave after a valid notice, the landlord must seek a possession order through the courts as per the Housing Act 1988.
Unlawful eviction risks: A landlord who attempts to evict a tenant without following due process may face fines or legal action for unlawful eviction.
FAQ
Can a landlord evict a tenant without a Section 21 notice?
No, unless there is a valid reason under Section 8, such as rent arrears or anti-social behaviour.
What happens if a tenant refuses to leave after the notice period?
The landlord must apply to the court for a possession order and may need to involve bailiffs to remove the tenant legally. You can learn more in our guide to tenants that refuse to leave after an eviction.
Can a tenant challenge a Section 21 notice?
Yes, tenants can challenge a Section 21 notice if the landlord has not met legal obligations, such as protecting the deposit or addressing disrepair.
Is a tenant still liable for rent after serving notice?
Yes, the tenant must pay rent until the notice period ends, even if they move out early.
Final thoughts
Ending a periodic tenancy - whether you're a landlord or a tenant - comes with legal steps that must be followed. Landlords need to serve the correct notice and may need a court order if the tenant doesn’t leave. Tenants must give the right amount of notice in writing before moving out. Knowing the legal requirements helps both sides avoid issues and ensures a smooth transition.
