Periodic Tenancy (‘Rolling’ Tenancy)
A periodic tenancy will run on a monthly basis and will continue until either the landlord or tenant gives written notice to end the agreement.
A tenant must give their landlord a minimum notice period of 21 days unless a shorter notice period is agreed on by both parties and preferably confirmed in writing.
Where there are multiple tenants only one needs to give notice to end their tenancy for the tenancy to end for all of them.
A landlord must provide a tenant with a minimum notice period of 90 days, however in some circumstances, this can be reduced to no less than 42 days but the reason for the reduced notice period must be stated in the landlord’s written notice.
A landlord can give a notice period of 42 days when;
- The property has been sold with a “Vacant possession” agreement that states the property will be unoccupied.
- The landlord or a family member of the landlord wants to use the property as their main residence
- The landlord needs use of the property to house their employees and the landlord told the tenant before tenancy started the property was being used for employee housing
If a tenant chooses to leave before the 90 days notice given by the landlord the tenant must then provide the landlord with 21 days notice.
Fixed term tenancy
A fixed term tenancy lasts for a set amount of time, it has a commencement date and an expiry date which must be set out in a written tenancy agreement.
These terms are often set to be 6-12 months after which it will become ‘periodic’ also known as ‘rolling’ tenancy, unless the landlord or tenant gives notice to stop the tenancy from continuing after the expiry date.
The Tenant or Landlord cannot give notice to end a fixed term tenancy before the expiry of the tenancy agreement.
It may be possible to end the tenancy agreement early if the landlord and tenant can come to an arrangement. The landlord may charge a fee to end a fixed term tenancy early, but these fees should be reasonable to their actual costs. An agreement should be made in writing and clearly stating what each party has agreed to.
Short term fixed tenancy
A short term fixed tenancy is a fixed term tenancy in that it has a set commencement and expiry date but the set period of time is for 90 days or less.
If is stated in the tenancy agreement that it will not extend beyond 90 days no notice period needs to be given to end the tenancy. It also means the rules relating to market rent and rent increases after improvements to the property will not apply.
If the tenancy is extended beyond the 90 days, the agreement would be treated as if it were a periodic tenancy where either party can give notice to end the tenancy.