Your question

My tenancy agreement has expired. Do I need a new one? Am I still a tenant without a new tenancy agreement?

Your answer

Yes, you are.  If you stay on in a property after the fixed term has expired, a new tenancy, a ‘periodic tenancy‘ is created automatically if you have an assured shorthold tenancy (under s5 of the Housing Act 1988).

This tenancy will be on the same terms and conditions as your previous tenancy (so your old tenancy agreement will continue to apply).  The ‘period’ of the tenancy will be the same as your rent period.  So if you pay your rent monthly you will have a monthly periodic tenancy which will roll on from month to month.

So ignore anyone who tells you that you are a ‘squatter’ or that you do not have a proper tenancy.  You do!

For more information see the two guides linked below.

Members Free guide

How Tenancies End

A description of all the ways that tenancies can end.

12-20 minutes to read

Members Free guide

Fixed term and periodic tenancies

What are they and what is the difference between them?

14-25 minutes to read

Bookmark(0)

No account yet? Register

Didn’t find your answer? Search again:

Search Articles

Would you like to speak to a solicitor about this?

A simple and straightforward way for you to get up to 1/2 hours telephone advice from a specialist landlord and tenant solicitor.

Tenant telephone advice