Periodic tenancies and rent periods HA 1988 s. 4A
Assured tenancy terms creating fixed terms are void. Tenancies become periodic with rent periods of 28 days or shorter, or monthly periods.
Terms of an assured tenancy are of no effect so far as they provide— for a tenancy to be a fixed term tenancy, or for periods of the tenancy to be different from the periods for which rent is payable (“rent periods”). Where terms of an assured tenancy are of no effect by virtue of subsection (1)(a) or (b), the tenancy has effect as a periodic tenancy under which the periods of the tenancy are the same as the rent periods. Terms of an assured tenancy which provide for the rent periods are of no effect unless each rent period is— a period of 28 days or shorter, or a monthly rent period. Those terms may provide for different rent periods at different times during the assured tenancy (but each rent period must be permitted by subsection (3. Where terms of an assured tenancy are of no effect by virtue of subsection (3), the tenancy has effect as if it provided— for successive rent periods of one month beginning with the first day of the tenancy, and for the rent for each such rent period— to be the amount calculated in accordance with the formula in subsection (6), and to be due on the first day of the period. The formula is— R D × 30.42 where— R is the rent that would have been due for the first rent period of the tenancy under the terms that are of no effect by virtue of subsection (3); D is the number of whole days in that period. Except as provided by subsections (1) and (3), nothing in this section limits any right of the landlord and the tenant to vary a term of a tenancy by agreement. For the purposes of this section, terms of an assured tenancy provide for “monthly” rent periods if they provide for rent to be payable for successive periods of one month, disregarding any provision for the first period to be a different period not exceeding 30 days.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Under this section, any term in an assured tenancy agreement that attempts to create a fixed-term tenancy, or that sets tenancy periods different from rent payment periods, has no legal effect. Where such a term is void, the tenancy automatically operates as a periodic tenancy with tenancy periods matching the rent periods.
Terms specifying rent periods are also invalid unless each rent period is 28 days or shorter, or is a monthly rent period. If a term setting rent periods is invalid under this rule, the tenancy defaults to successive monthly rent periods beginning on the first day of the tenancy, with rent calculated according to the statutory formula in subsection 6.
For a monthly rent period, an initial rent period of up to 30 days is permitted to differ. Landlords and tenants retain the right to vary tenancy terms by mutual agreement, except where restricted regarding fixed terms and rent period limits.
When it applies
- A landlord inserts a clause into an assured tenancy agreement attempting to create a fixed-term tenancy.
- A tenancy agreement sets rent payment periods that are longer than a monthly rent period.
- A tenancy agreement specifies rent periods of 28 days, matching the periods of the periodic tenancy.
- A tenancy agreement specifies monthly rent periods where the initial period is 30 days long.
What this section does not say
- Prohibitions against taking rent in advance, which are covered by section 4B.
- Security of tenure rules for assured tenants, which are governed by section 5.
- Fixing terms when a statutory periodic tenancy arises, which is handled under section 6.
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This page reproduces the text of HA 1988 s. 4A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.