Question 1

What is the difference between a fixed term and a periodic tenancy?

Accepted Answer

Whether the tenancy runs for a **defined period** or **continues indefinitely**, rolling from period to period — and the difference affects how it can be ended by either side.

**Fixed term.** The tenancy is granted for a stated period — commonly six or twelve months.

**During the fixed term:**

**The tenant is committed for the whole period.** Leaving early does not end the liability for rent unless the landlord agrees to a surrender or a break clause applies. This is the point tenants most often misunderstand — giving notice during a fixed term does not end it.

**The landlord cannot generally end it early** either, other than on specified grounds.

**Periodic tenancy.** Runs from period to period — usually month to month — continuing until ended by notice.

**A statutory periodic tenancy** arises **automatically** when a fixed-term assured shorthold tenancy ends and the tenant remains, with no need to sign anything. **A contractual periodic tenancy** is one agreed as periodic from the start.

**How each is ended by the tenant:**

**Fixed term** — at the end of the term, or under a **break clause**, or by agreement.

**Periodic** — by notice to quit, generally at least one period and expiring at the end of a period, with specific requirements depending on the tenancy.

**Break clauses.** A term allowing either or both parties to end a fixed term early, usually after a minimum period and on defined notice. **The requirements must be followed exactly** — timing, form and to whom notice is given — and break notices fail on technicalities regularly.

**Which is better for a tenant.** A fixed term gives **security** — you cannot be asked to leave during it, subject to grounds — at the cost of **flexibility**. A periodic tenancy gives flexibility to leave on short notice, and correspondingly less security.

**Joint tenancies complicate it considerably.** Where tenants are jointly and severally liable, **notice by one joint tenant on a periodic tenancy can end it for everyone** — a genuinely serious trap that surprises sharers, and one worth understanding before anyone serves anything.

**Renewal versus continuation.** Signing a new fixed term is not required, and letting a tenancy become periodic is frequently in the tenant's interest — though agents may present renewal as automatic and charge for it.

**Reform** has been legislated to move toward periodic tenancies as standard; check the current position.

General information, not legal advice.

Question 2

How can a landlord actually increase the rent?

Accepted Answer

Only through a defined route, and which route applies depends on the type of tenancy and what the agreement says — a landlord simply announcing a higher figure does not make it payable. The available

Question 3

What is the difference between a Section 21 and a Section 8 notice?

Accepted Answer

Both are notices a landlord uses to begin ending an assured shorthold tenancy in England, and they work on entirely different bases. Section 21 — the "no fault" notice. The landlord does not have to

Question 4

What key elements should I understand in a lease agreement before signing?

Accepted Answer

Understanding lease agreements is vital for tenants and landlords. Key elements include lease duration, rent terms, security deposits, maintenance responsibilities, rules, and termination clauses.

Question 5

How do tenancy deposit schemes work?

Accepted Answer

In England and Wales, a landlord taking a deposit for an assured shorthold tenancy must protect it in a government-authorised scheme within 30 days of receiving it, and provide the tenant with

Question 6

What protection do tenants have against retaliatory eviction?

Accepted Answer

Protection preventing a landlord using the no-fault route to possession in response to a tenant complaining about disrepair — and it is narrower and more procedural than most tenants expect. What it

Question 7

What to include in a lease agreement?

Accepted Answer

A lease agreement should include key elements like parties involved, property description, lease term, rent payment details, and maintenance responsibilities to ensure clarity and legal protection.

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