Lesson 1 – Understanding Assured Periodic Tenancies

Learning Objectives

By the end of this lesson, learners will be able to:

• Understand what an Assured Periodic Tenancy is.
• Explain how periodic tenancies operate under the Renters’ Rights Act.
• Identify the key differences between Assured Periodic Tenancies and former Assured Shorthold Tenancies.
• Understand the rights and responsibilities of landlords.
• Understand the rights and responsibilities of tenants.
• Apply the new tenancy framework to real-world property management situations.

Introduction

One of the most significant changes introduced by the Renters’ Rights Act is the replacement of Assured Shorthold Tenancies (ASTs) with Assured Periodic Tenancies (APTs).

For more than three decades, the Assured Shorthold Tenancy has formed the foundation of the private rented sector in England. Most landlords became familiar with fixed-term tenancy agreements, tenancy renewals, and the Section 21 possession process.

The new system introduces a different approach. Rather than relying upon fixed-term agreements, most residential tenancies now operate as Assured Periodic Tenancies from the outset.

Understanding how these tenancies work is essential for every landlord, agent, and property professional operating within the private rented sector.

What is an Assured Periodic Tenancy?

An Assured Periodic Tenancy is a residential tenancy that continues indefinitely until it is legally brought to an end by either the landlord or the tenant.

Unlike previous tenancy arrangements, there is generally no fixed end date.

The tenancy remains in force until:

• The tenant serves valid notice and leaves.
• The landlord successfully obtains possession using a statutory ground.
• The parties agree to surrender the tenancy.
• The tenancy is terminated through a court order.

The tenancy does not expire automatically after a set period.

Purpose of the New System

The government introduced Assured Periodic Tenancies to provide greater housing security for tenants while preserving landlords’ ability to recover possession where legitimate grounds exist.

The new framework aims to:

• Increase tenant stability.
• Reduce unnecessary tenancy renewals.
• Simplify tenancy structures.
• Improve long-term occupancy.
• Encourage professional property management.

Key Characteristics of Assured Periodic Tenancies

Assured Periodic Tenancies have several distinctive features.

No Fixed End Date

Unlike traditional ASTs, the tenancy continues indefinitely.

There is no requirement to renew agreements every six or twelve months.

Continuous Occupation

Provided the tenant complies with the tenancy obligations, occupation continues without interruption.

Tenant Mobility

Tenants retain flexibility and may generally leave by serving the required notice.

Possession Based on Statutory Grounds

Landlords can no longer rely on tenancy expiry alone.

Possession must be based upon one of the statutory grounds provided by legislation.

Ongoing Rights and Responsibilities

Both parties continue to have legal obligations throughout the tenancy regardless of its duration.

How Periodic Tenancies Operate

To understand the practical implications of the new system, it is important to examine how Assured Periodic Tenancies operate on a day-to-day basis.

Rent Payment Cycles

Rent is usually paid:

• Weekly
• Fortnightly
• Monthly
• Quarterly

Most residential tenancies continue to operate on a monthly basis.

The payment period often determines the tenancy period for administrative purposes.

Continuation of the Tenancy

The tenancy does not require renewal.

Instead:

• The agreement remains in place.
• Existing obligations continue.
• Rent remains payable.
• Landlord responsibilities continue.

This reduces the need for repeated paperwork and renewal negotiations.

Tenant Notice

Where tenants wish to leave, they must normally provide the statutory notice period required by legislation.

Landlords should always obtain notice in writing and confirm the intended vacation date.

Landlord Possession

Landlords seeking possession must rely on one or more statutory possession grounds.

Common examples include:

• Serious rent arrears.
• Persistent rent arrears.
• Anti-social behaviour.
• Breach of tenancy obligations.
• Intention to sell the property.
• Landlord occupation.

The availability of possession depends upon compliance with legal procedures and evidence requirements.

Differences Between Assured Periodic Tenancies and Assured Shorthold Tenancies

Understanding the differences between the old and new systems is essential.

Assured Shorthold Tenancies (Previous System)

Under the previous framework:

• Fixed terms were common.
• Six or twelve-month agreements were widely used.
• Tenancy renewals were often required.
• Section 21 notices could be used.
• Possession was often linked to the end of a fixed term.

Many landlords relied heavily on the flexibility offered by Section 21.

Assured Periodic Tenancies (Current System)

Under the new framework:

• Fixed terms have largely been removed.
• Tenancies begin as periodic arrangements.
• No routine renewals are required.
• Section 21 has been abolished.
• Possession requires a statutory ground.
• Greater tenant security exists.

The focus has shifted from tenancy expiry to evidence-based possession procedures.

Comparison of the Two Systems

Previous System

• Fixed-term agreements.
• Section 21 available.
• Frequent renewals.
• Easier recovery of possession.
• Greater flexibility for landlords.

Current System

• Periodic tenancies.
• No Section 21.
• Continuous occupation.
• Possession based on grounds.
• Greater tenant security.

Landlords must therefore adopt a different approach to tenancy management and possession planning.

Rights and Obligations of Landlords

Although tenancy structures have changed, landlords retain important rights while also carrying significant responsibilities.

Landlord Rights

Landlords continue to have the right to:

• Receive rent when due.
• Inspect the property with proper notice.
• Enforce tenancy obligations.
• Recover possession using statutory grounds.
• Protect their investment.
• Seek compensation for breaches of tenancy.

The legislation does not remove these rights but regulates how they may be exercised.

Landlord Responsibilities

Landlords remain responsible for:

Maintaining the Property

Landlords must keep the property in good repair and comply with legal maintenance obligations.

Ensuring Safety

Compliance is required in relation to:

• Gas safety.
• Electrical safety.
• Smoke alarms.
• Carbon monoxide alarms.
• Fire safety.

Respecting Tenant Rights

Landlords must respect:

• Quiet enjoyment.
• Privacy.
• Equality rights.
• Protection from harassment.

Record Keeping

Good record-keeping is increasingly important under the new regime.

Records should include:

• Safety certificates.
• Inspection reports.
• Rent records.
• Repairs documentation.
• Correspondence.

Rights and Obligations of Tenants

The Renters’ Rights Act strengthens tenant protections but also reinforces tenant responsibilities.

Tenant Rights

Tenants are entitled to:

Security of Tenure

Tenants have greater protection against losing their home without a valid legal reason.

Quiet Enjoyment

Landlords cannot interfere unreasonably with occupation.

Safe Accommodation

Properties must meet legal safety standards and remain fit for human habitation.

Fair Treatment

Tenants have protection against:

• Unlawful eviction.
• Harassment.
• Discrimination.
• Unfair practices.

Access to Redress

Tenants may seek assistance through:

• Local authorities.
• Ombudsman schemes.
• Courts.
• Tribunals.

Tenant Responsibilities

Tenants also have important obligations.

Paying Rent

Rent must be paid in full and on time.

Looking After the Property

Tenants should:

• Keep the property reasonably clean.
• Report repairs promptly.
• Avoid causing damage.
• Use the property responsibly.

Respecting Neighbours

Anti-social behaviour can lead to enforcement action and possession proceedings.

Complying with the Tenancy Agreement

Tenants must observe the contractual terms and legal obligations associated with the tenancy.

Practical Implications for Landlords

The move to Assured Periodic Tenancies requires landlords to adjust their management practices.

Landlords should:

• Improve tenant referencing procedures.
• Focus on long-term tenancy management.
• Maintain detailed records.
• Monitor compliance carefully.
• Understand possession grounds.
• Communicate effectively with tenants.

Professional management becomes increasingly important where tenancies may continue for many years.

Best Practice Recommendations

Successful landlords operating under the new system should:

• Use compliant tenancy documentation.
• Conduct thorough referencing.
• Keep accurate records.
• Carry out regular inspections.
• Address repairs promptly.
• Understand possession procedures.
• Maintain professional relationships with tenants.

These practices help minimise disputes and support successful long-term tenancy management.

Lesson Summary

In this lesson, we have examined:

• What an Assured Periodic Tenancy is.
• How periodic tenancies operate.
• The key differences between Assured Periodic Tenancies and former Assured Shorthold Tenancies.
• The rights and obligations of landlords.
• The rights and obligations of tenants.

Understanding these principles is fundamental to successfully managing residential property under the Renters’ Rights Act and forms the foundation for the remaining lessons within this module.