Fixed-Term Tenancy may become a Periodic Tenancy

A fixed-term tenancy may become a periodic tenancy in two ways:

1. An agreement for a fixed-term tenancy may say that the fixed-term tenancy will renew or continue automatically when the fixed-term is over without any notice. The tenancy becomes a periodic tenancy at the end of the fixed-term.

2. If the fixed-term ends and a tenant continues to live in the premises, the tenancy may become a periodic tenancy by implication. This will occur, for example, if after the end of the fixed-term, the tenant pays rent to the landlord and it is accepted.

When a fixed-term tenancy becomes a periodic tenancy, you will need to know whether it has become a weekly or monthly periodic tenancy.

The type of periodic tenancy will depend upon the length of the previous fixed-term. If the previous fixed-term was for one month or more, the tenancy will become a monthly periodic tenancy. If the previous tenancy was for less than one month, the tenancy will become a weekly periodic tenancy.

January 2006