ABSTRACT
Under these provisions, a tenant holding only a periodic tenancy cannot give a section 26 request, and a tenant who ends a periodic tenancy by giving a notice to quit loses his security under the Act (see 4.5). The combination of these rules, although perfectly consistent with each other (and with the decision in Garston v Scottish Widows Fund [1998] 2 EGLR 73, CA, cited at 4.5), has important consequences for such a tenant, especially in a falling market. Unlike a tenant who is holding over under a continuation tenancy following the expiry of a fixed term lease, a periodic tenant who has not previously held under a fixed term tenancy cannot take steps to end his tenancy and still have the right under the Act to seek a new tenancy at market rent.
