Continuing and Renewing Residential Tenancies

When the fixed term of a tenancy in England has expired, the Tenant is allowed to remain in occupation of the property and their tenancy becomes a “periodic” tenancy. A periodic tenancy can be terminated by either party with little notice – usually 2 months for an assured shorthold tenancy and 4 weeks for non-assured shortholds.

These templates are suitable for tenancies in England only. If the property is in Wales, occupation contracts replace many existing tenancies and different rules apply to these contracts under the Renting Homes (Wales) Act 2016. See Renting Homes Wales for further information. 

Under the Tenant Fees Act 2019, from 01 June 2019, agents and landlords in England will not be able to charge fees for a renewal of a tenancy caught by this act. If the tenancy was entered into before 01 June 2019 and the tenant agreed to pay renewal fees, then a landlord or agent in England can charge these fees for a new fixed-term agreement or statutory periodic agreement up until 31 May 2020.

This subfolder contains a selection of documents that a landlord can use when a tenancy has become, or is about to become, periodic. The Letter to Tenant sets out the options available to the parties regarding continuing or renewing the tenancy. The Renewal Agreements and Rent Increase Memoranda can be used respectively to create a new tenancy or increase the rent payable during the periodic tenancy.

• Letter to Residential Tenant regarding Expiry of Fixed Term Tenancy
• Agreement creating a New Assured Shorthold Tenancy on the Same Terms as an Expired Tenancy (with new Rent and Term)
• Agreement creating a New Contractual Tenancy on the Same Terms as an Expired Tenancy (with new Rent and Term)
• Agreement creating a New Company Tenancy on the Same Terms as an Expired Tenancy (with new Rent and Term)
• Memorandum of Rent Increase for Assured Shorthold Tenancy
• Memorandum of Rent Increase for Non-Assured Shorthold Tenancy
• Memorandum of Rent Increase for Company Let
• Landlord's Section 13 Rent Increase Notice for Periodic Tenancy (England)

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