Tenancy & deposits
What is a periodic tenancy?
A periodic tenancy runs from period to period — usually month to month — rather than for a fixed term. It arises automatically when a fixed term ends and the tenant stays on.
The automatic version, arising by statute when a fixed term expires, is the common case, and it carries the same terms as the tenancy it followed.
A contractual periodic tenancy, created deliberately by the agreement, behaves differently in some respects — including for deposit purposes — which is why which one exists is worth knowing.
Notice periods and how they must align with the tenancy period are where errors happen, and a notice with the wrong dates is simply invalid.
What goes wrong in practice
- Guarantees or documents assumed to continue that in fact ended with the fixed term.
- Notices served with dates that do not align with the period.
- The distinction between statutory and contractual periodic tenancies ignored.