OpenLegislation

Section 5 Security of tenure.C1C2C3

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(1)

An assured tenancy cannot be brought to an end by the landlord except by—

(a)

obtaining—

(i)

an order of the court for possession of the dwelling-house under section 7 F2or 21 and

(ii)

the execution of the order,

(F3b)

obtaining an order of the court under section 6A (demotion order), F4...

(F5c)

in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power F6, or

(d)

in the case of an assured tenancy—

(i)

which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and

(ii)

in relation to which the condition in section 33D(2) of that Act is met,

giving a notice in accordance with that section,

and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to F7a periodic an assured tenancy.

(1A)

Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed.

(F82)

If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a)

an order of the court F9of the kind mentioned in subsection (1)(a) or (b) or any other order of the court, F10...

(b)

a surrender or other action on the part of the tenantF11, or

(c)

the giving of a notice under section 33D of the Immigration Act 2014,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3)

The periodic tenancy referred to in subsection (2) above is one—

(a)

taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b)

deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c)

under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d)

under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e)

under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

(4)

The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.

(5)

If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy—

(a)

enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or

(b)

executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy,

the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect.

(F125A)

Nothing in subsection (5) affects any right of pre-emption—

(a)

which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and

(b)

in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value.

  • “ Dispose ” means dispose by assignment or surrender, and “ acquisition ” has a corresponding meaning.

(6)

If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy.

(7)

Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section..

Annotations

Textual amendments

F1

S. 5(1)(1A) substituted (20.5.2009) for s. 5(1) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 6(2) (with Sch. 11 para. 14); S.I. 2009/1261, {arts. 2, 3}

F2

Words in s. 5(1)(a)(i) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 23(a)(i) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

F3

S. 5(1)(b) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 23(a)(ii) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

F4

Word in s. 5(1)(b) omitted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by virtue of Immigration Act 2016 (c. 19), ss. 40(6)(a), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F5

S. 5(1)(c) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 23(a)(ii) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

F6

S. 5(1)(d) and word inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(6)(a), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F7

Word in s. 5(1) substituted (1.5.2026 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 23(a)(iii) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

F8

S. 5(2)-(7) omitted (1.5.2026 for specified purposes) by virtue of Renters’ Rights Act 2025 (c. 26), s. 145(1)(8), Sch. 2 para. 23(b) (with ss. 138, 146(1), Sch. 6 paras. 1, 3, 4, 16, 17); S.I. 2026/421, reg. 2(c)

F9

Words in s. 5(2)(a) inserted (20.5.2009) by Housing and Regeneration Act 2008 (c. 17), ss. 299, 325, Sch. 11 para. 6(3) (with Sch. 11 para. 14); S.I. 2009/1261, arts. 2, 3

F10

Word in s. 5(2)(a) omitted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by virtue of Immigration Act 2016 (c. 19), ss. 40(6)(b), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F11

S. 5(2)(c) and word inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(6)(b), 94(1) (with s. 40(7)); S.I. 2016/1037, regs. 2(b), 5(d)

F12

S. 5(5A) inserted (18.1.2005) by Housing Act 2004 (c. 34), ss. 222(1)(2), 270(3)(a)

Modifications

C1

S. 5 excluded (15.3.2018) by City of London Corporation (Open Spaces) Act 2018 (c. i), s. 6(7) (with ss. 3, 4(2))

C2

S. 5 excluded (coming into force in accordance with s. 13 of the amending Act) by Monken Hadley Common Act 2022 (c. ii), s. 9(5) (with s. 8(3))

C3

S. 5 excluded (24.11.2025) by General Cemetery Act 2025 (c. ii), ss. 1(2), 11(2) (with s. 11(3))

Notes on Part I

Modifications

C1

Part I (ss. 1–45) modified by S.I. 1990/776, arts. 2(2), 5(2)(b) and excluded by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 242

C2

Part I (ss. 1–45) applied by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8, para. 19(3)

C3

Part I (ss. 1-45) definition applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167(3), 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)

C4

Pt. I (ss. 1-45) definition applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168(3), 225(2), Sch. 19 para. 10 (with ss. 15(6), 179, 222(3), 224(1), Sch. 22 para. 1, Sch. 23 para. 6)

C5

Pt. I (ss. 1-45) restricted (1.11.1993) by 1993 c. 28, s. 59(2)(c)(iii); S.I. 1993/2134, arts. 2, 5

Pt. I (ss. 1-45) excluded (3.3.1997) by 1985 c. 68, s. 348D(5) (as inserted (3.3.1997) by 1996 c. 52, s. 67(1) (with s. 70); S.I. 1997/350, art. 2

Pt. I (ss. 1-45) modified (1.10.1996) by 1996 c. 27, s. 30(4)(b); S.I. 1996/2402, art. 3 (subject to transitional provisions in Sch.)

C6

Pt. 1 excluded (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 33, 270(3); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)