Whether you periodically continue the lease or insist on a new fixed term really depends on what you want and what is best under the circumstances. If the lease exceeds 90 days, all rules apply as usual. So, what happens if a tenant stays in a common law lease at the end of the temporary life? Section 5 does not apply as it is not an ASA. As a general rule, however, the law involves a periodic lease in which the tenant pays and the lessor accepts the rent. This type of periodic tenancy is called a «legal» periodic lease – because it was created by law, i.e. section 5 of the Housing Act 1988. If your landlord agrees to receive a new tenant, make sure you get your landlord`s agreement in writing. The agreement must clearly state that your lease is over and that a new lease has been established for the new tenant. As long as they comply with the conditions set out in the contract, each tenant can terminate the property in a joint rental agreement. Generally, if you have been renting for at least 6 months and have not received a valid written termination, you automatically get a rental guarantee and you can stay several years in the property….