Notice period for AST signed before 01May

Landlord Discussion
1

I have a question regarding the length of notice period when a tenant wants to vacate the property.

The AST was signed pre May26 for the ongoing tenancy. It specified the notice period of 1 month for the tenant to end the tenancy. However, RRA changes this to two months.

Does RRA takes precedence over the signed AST regarding notice period for tenant to vacate the property? I am getting conflicting answers.

Also, does this notice needs to be served by the tenant only at the end / start of each rental month?

“..so the tenancy ends on a day when the rent is due or the day before the rent is due”

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2

@Mike344

No it doesnt. RRA specifies the 2 months IF not already agreed between LL and tenant. It can be less. This is the official guidance

"If your tenancy agreement does not say how much notice you must give, you need to give at least 2 months’ notice.”

Assured periodic tenancies: a guide for tenants: How to end your tenancy - GOV.UK

Tenant can give as much notice as they like. RRA is about how much can be required by LL in tenancy agreement

Notice can be given any time but the final date is the last day of a rental period. (So if that is from 1st of month and tenant give notice on 2nd, they may have to give just under 3 months notice)

More detail from "independent landlord " below

Good luck

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See eg

“If your tenancy agreement does not say how much notice you must give, you need to give at least 2 months’ notice.”

Assured periodic tenancies: a guide for tenants: How to end your tenancy - GOV.UK

"

How much notice does a tenant need to give to end a tenancy?

Under the rules introduced by the Renters’ Rights Act, a tenant must give at least two months’ written notice to end an assured periodic tenancy, with the notice expiring “so the tenancy ends on a day when the rent is due or the day before the rent is due” (to quote Government guidance for tenants).

A landlord cannot require a notice period that exceeds two months, but can agree to a shorter notice period (see** Section 20 RRA**). For example, if the tenancy agreement refers to a shorter period, such as one month, that will prevail.

Tenants should check the tenancy agreement to see whether the notice period is shorter – many tenancy agreements require one calendar month. If so, the tenant only needs to give that shorter period of notice.

Tenants need to tell landlords formally if they want to end a tenancy agreement. It needs to be in writing, and must be for the correct notice period. Do allow plenty of time for the notice to be served if serving it by post."

Tenant notice to quit rules with free template • The Independent Landlord

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Landlords should honour previously agreed shorter tenant notice periods unless they want to risk losing the case in court.

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So because of this, is it worthwhile issuing new ASTs so you can get the 2 months notice period? Or once your current AST expired, and they are on periodic tenancy, does it mean that due to the RR Act they’ll automatically have to give 2 months notice, even if their AST said 1 month? Confusing :zany_face:

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If any of my tenants want to leave 1 months notice 2 months notice , short notice . I just let them do it. easy to find another one. Why burden yourself with doubt

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I’m not sure why you would want to create a new tenancy over this issue. My own view is that one month’s notice is better that 2 for most landlords.

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What I’m trying to understand is that if the original pre 1st of May 2026 AST already expired, does it matter what this expired AST sets as notice period, or - since it’s expired - is it automatically assumed that the notice the tenant has to give is now 2 months?

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@AJ37

There’s no such thing as ‘already expired’ - the tenancy was still in place - it does not ‘expire’. The fact the fixed period had ended and it had turned into periodic is also irrelevant. If the existing tenancy as at 30.april specified 1 month notice in writing then it carries on being the notice required.

Thats what the guidance says (to repeat)

"If your tenancy agreement does not say how much notice you must give, you need to give at least 2 months’ notice.”

Assured periodic tenancies: a guide for tenants: How to end your tenancy - GOV.UK
"

Read the guidance. Youll see there are no caveats or qualifications about whether the fixed term had ended before 1 may or not.

Check the AST but it is pretty unlikely it says the 1 month notIce only applied during the fixed term (if that were true and nothing was said about the notice needed after the fixed term then the RRA 2 months would apply)

Giod luck

9

If it was a fixed term AST, (not the initial term of a contractual periodic tenancy), that included a clause about tenant notice, then when the term ended, a statutory periodic tenancy would have arisen in its place. I believe that the tenant notice period would then have defaulted to the common law position and not be as specified in the agreement, but I’m not 100% certain of this. From 1 May the tenancy would have become an APT and in the absence of a current written agreement to the contrary, the tenants notice would default to 2 months.

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