Standard open rent AST that started before May 26.
My tenant has just served me notice to quit and has assumed that they can give just one months notice. Obviously the RRA states that the notice is two months.
Researching further it seems that this is a bit of a grey area. Some experts say if your existing T.A was in place pre RRA then the notice period is as per T.A ( mine one month), this is the " transitional period"??. Others state that the RRA is final and overrides the original tenancy.
Any thorghts.?
My understanding from reading the Information Sheet is that the notice period agreed in the original AST (before 1st May) still applies. Only in those cases when the AST is silent the default notice period is two months. Anyway, if I were you I would err on the side of caution and accept one months notice and let the tenant go. Not worth the agro.
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@David26
Its not that grey at all. If a previously agreed shorter period then that stands. Only clauses that were contrary to RRA were made void. Advice from mydeposits below
2 months is the default only if nothing previously agreed
There is some debate on whether a pre agreement of 1 month in an existing ast counts as âpreviously agreedâ tho it seems fairly obvious and probably no caselaw on that yet. What landlord is going to waste legal costs on that small chance of one month extra rent from tenants who dont want to be there so wont take care. Get new ones instead.
Best
Less notice period in a tenancy from before 1 May 2026
If a tenancy from before 1 May 2026 allows for the tenant to give less than two monthsâ notice to end it, then that shorter notice period will also be valid after 1 May 2026. This is based on the maximum period the landlord can ask for is two monthsâ, but the Rentersâ Rights Act allows for less notice by agreement and does not state that a previously agreed notice period of less than two months should be changed after 1 May.
It is possible this point might be challenged in the courts but mydeposits position is that landlords should check their current tenancies carefully and if the tenancy allows a tenant to give less than two monthsâ notice either in line with a break clause or at the end of the tenancy then notwithstanding all tenancies becoming periodic from 1 May 2026, the landlord should allow the tenant to give the notice as set out in the tenancy agreement agreed before 1 May 2026.
Whilst tenants are under a converted AST, landlords would be advised to accept a notice under the old rules whether or not its in their tenancy agreement. Thereâs no telling what a judge would rule if the tenant took a case to court.
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Thanks all for the informative comments. Sensible advise.