# Tenant Serving Notice To Leave on First Day of Tenancy **URL:** \ **Category:** Legal\ **Created:** [2 October 2026 14:25 UTC](https://community.openrent.co.uk/t/tenant-serving-notice-to-leave-on-first-day-of-tenancy/91680 "2026-10-02T14:25:26Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![ch340](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/ch340/32/33676_2.png) [@ch340](https://community.openrent.co.uk/u/ch340)\ **Post date:** [2 October 2026 14:25 UTC](https://community.openrent.co.uk/t/tenant-serving-notice-to-leave-on-first-day-of-tenancy/91680/1 "2026-10-02T14:25:26Z")
Can someone clarify when the earliest a tenant can leave is if they have moved in on 10 September? RRA states: A notice to quit satisfies this subsection— (a)where it is given by a tenant in relation to premises let under an assured tenancy, if it is given— (i)not less than any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or (ii)in the absence of agreement under sub-paragraph [(i)](https://www.legislation.gov.uk/ukpga/2025/26/section/20#p04229 "Go to 20 Notices to quit by tenants under assured tenancies: timing (3)(i) in Part 1, Chapter 1 (as part of an amendment)"), not less than two months **before** the date on which the notice is to take effect; My understanding is that months are calculated using the “Corresponding Date” rule, whereby 1 month from 10 September is 10 October, so 2 months is 10 November. The “date on which the notice is to take effect” is the 9 (the day before the rent is due) or the 10 (the day the rent is due). As two months have to pass BEFORE the date on which the notice is to take effect, and 2 months from 10 September is 10 November, the earliest date on which the notice can take effect is 11 November, which is no longer the rent due date or the date prior, so the tenant would be liable until 9 or 10 December. ---
**Author:** ![Karl11](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/karl11/32/35316_2.png) [@Karl11](https://community.openrent.co.uk/u/Karl11)\ **Post date:** [2 October 2026 16:23 UTC](https://community.openrent.co.uk/t/tenant-serving-notice-to-leave-on-first-day-of-tenancy/91680/2 "2026-10-02T16:23:24Z")
Have you seen this other recent post? [Understand the new Notice period](https://community.openrent.co.uk/t/understand-the-new-notice-period/91671) ---
**Author:** ![David240](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david240/32/29827_2.png) [@David240](https://community.openrent.co.uk/u/David240)\ **Post date:** [2 October 2026 17:38 UTC](https://community.openrent.co.uk/t/tenant-serving-notice-to-leave-on-first-day-of-tenancy/91680/3 "2026-10-02T17:38:12Z")
@ch340 Nope 2month from say moving in at say 9am 10sep is from 9am on 9th nov but the legislation doesn’t measure based on exact hour and minute when notice served. They give notice onn10 sep and move out 9 Nov. which is last day of the 2nd rental period, 10oct to 9 Nov. As per the legislation. This is the exact guidance " If the tenancy agreement does not say how much notice your tenant must give, they will need to give at least 2 months’ notice. You can agree with your tenant to end the tenancy earlier or have a shorter notice period. This will need to be in writing. Your tenant must give their notice: - so the tenancy ends on a day when the rent is due or the day before the rent is due" > **[Assured periodic tenancies: a guide for landlords](https://www.gov.uk/assured-tenancy-agreements-a-guide-for-landlords/if-your-tenant-wants-to-leave)** > > What to include in an assured periodic tenancy agreement, if a tenant wants a pet, dealing with antisocial behaviour and ending an assured periodic tenancy. Good luck ---
**Author:** ![ch340](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/ch340/32/33676_2.png) [@ch340](https://community.openrent.co.uk/u/ch340)\ **Post date:** [2 October 2026 21:28 UTC](https://community.openrent.co.uk/t/tenant-serving-notice-to-leave-on-first-day-of-tenancy/91680/4 "2026-10-02T21:28:28Z")
24 hours or 1 day from 9am 10 Sep is 9am 11 Sep 7 days from 9am 10 Sep is 9am 17 Sep 30 days from 9am 10 Sep is 9am 10 Nov Not 9 Nov They cannot give notice the day rent is due and end the tenancy 2 months later. If notice is given on the day rent is due then there is not 2 months before it it 2 months to the day. 2 months before and 2 months to the day are not the same thing. If a tenant wants to leave on the exact day rent is due, they need to give 2 months notice minimum day before rent is due. ---
**Author:** ![David240](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david240/32/29827_2.png) [@David240](https://community.openrent.co.uk/u/David240)\ **Post date:** [2 October 2026 23:15 UTC](https://community.openrent.co.uk/t/tenant-serving-notice-to-leave-on-first-day-of-tenancy/91680/5 "2026-10-02T23:15:03Z")
@ch340 > [@ch340](#): > > 24 hours or 1 day from 9am 10 Sep is 9am 11 Sep > > 7 days from 9am 10 Sep is 9am 17 Sep > > 30 days from 9am 10 Sep is 9am 10 Nov > > Not 9 Nov > > They cannot give notice the day rent is due and end the tenancy 2 months later. If notice is given on the day rent is due then there is not 2 months before it it 2 months to the day. 2 months before and 2 months to the day are not the same thing. > > If a tenant wants to leave on the exact day rent is due, they need to give 2 months notice minimum day before rent is due. Get advice from a lawyer or nrla as you claim to know better. In any case there’s nothing stopping them giving notice before they move in eg on 8 sep, and leaving on 9 Nov, which would be entirely valid. They could give notice on 8 August, ending 9 October which would also be valid and allow them to move in on 10 sep. The general advice I’ve seen in various places has been for the notice to end on the last day of a rental period or 1 day later. In any case as a LL you can accept a shorter period, and the two months (plus days so it ends at the end of a rental period) is simply the maximum that can be required by the LL. If you exceed it you would also be subject to a civil penalty of up to £7,000. If notice was given on 10sep, you could try to claim it was invalid if it did not end on 10 November and ended on 9 November, but why on earth would you want to go to court with all the legal costs to try to test it and the risk of a civil penalty.. No doubt some LL who thinks like you they know better will try it at some point if they have money to burn but for most of us it would be an utterly nonsensical thing to do. I think a judge would say you received notice on 10sep and could reasonably say they treat the notice as if received at 0000 on 10sep (as the legislation doesn’t define a time of day, only the date it is received) and the end of two months later is 2400 on 9 November. Therefore if you require rent to be paid for 10 November you are basically requiring more than 2 months ’ rent and more than 2 months’ notice, in breach of RRA, as well as being rather unreasonable. Are you really going to reject the notice as invalid and try to get someone to pay another month’s rent by submitting a new valid notice? (Apart from anything else it makes bad business sense to keep tenants when they dont want to be there, they will refuse to co operate re access for viewings and won’t take care of the place). It’s like the theoretical point that if a tenant doesn’t pay the rent for month1 before move in, the LL still has to hand over the keys and wait till tenant is in arrears on day 2 (or later) before any action, otherwise they are in breach themselves- no doubt there will be a case and some caselaw defining the 2 months if it’s not already clear from the legislation and existing case law. But I personally wouldn’t choose to be the test case. Good luck