Ive now had a response from housing lawyer David Smith which is that the RRA requires the tenancy period and the rent payment date to always align, so if the date the tenant pays is formally moved, it will also alter the tenancy period dates.
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This is really good information. Thank you guys.
There are some details I didn’t know were relevant at the time of posting. The tenancy is in Wales, which I now realise adopted the RRA slightly differently.
There are some clauses in the agreement which might be a concern. It’s Openrent Standard Occupation Contract. The 6 month tenancy ends on 5th July.
There’s no specific mention of a notice period from the tenant. Assuming 2 months.
This clause seems to be causing some difficulty. The partner now wants to stay in the property. Clearly a new tenancy would be the way forward, but she doesn’t understand that notice for the currency tenancy needs to be done. The need for both to agree to end the contract is the issue:
- If there are joint contract-holders under this contract, this contract cannot be ended by the act of one or more of the joint contract-holders acting without the other joint contract-holder or joint contract-holders.
Where the 6 month tenancy ends on 5th July, the contract seems to make that any continuation would be a further 6 months. This might be moot as they’re seeking a new tenancy, but the timing still came up as a concern, the end of two months’ notice being into month 7.
Under KEY MATTERS the wording is:
Term:
A fixed term of 6 months
Commencing on and including Tuesday, 6 January 2026 (“Occupation Date”)
To and including Sunday, 5 July 2026 (“the Initial Term”)
If the contract-holders remain in occupation of the dwelling after the end of the Initial Term, the
contract-holders and the landlord are to be treated as having made a new periodic standard contract in relation to the dwelling.
I am a landlord and this happened.
The couple split and the man left the home, then later he asked to be removed from the tenancy agreement, but that request is effectively terminating the agreement.
So I needed to get a new contract made and the existing resident tenant couldn’t find a guarantor which I wanted, however she had always paid on time and was desperate to stay so I didn’t go for an eviction but had a new contract made.
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No it says that after 5 July it turns into standard periodic which is a rolling monthly deal
The thing about both tenants needing to agree to end a tenancy was for fixed terms you now have periodic so either can end without other’s permission I think.
Unless you have actually agreed a new fixed term 6months it turns into a rolling periodic
If they both move out on 5 july the contract ends without any notice needed. So the remaining tenant could give you keys and move out on 5th July and start a brand new/uodated contract with you on 6th July getting the keys back from you
Or they can stay beyond 5th july when a rolling periodic tenancy begins, end it by giving notice and then start a new contract after that
Best
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@Mark166 ps there is nothing stopping you agreeing a shorter notice period (but I guess that might need both tenants agreement) or indeed a mutual deed of surrender of the tenancy.
The OR standard tenancy agreement may say what notice happens when it turns into periodic (in the version I had it was 1 month but the version for a 6m fixed might be different)- Check
Good luck
The RRA doesn’t apply to Wales at all. They have completely different housing law. You need advice from Shelter Cymru as above.
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@David122 RRA mainly affects England but some affects re discrimination also apply to Wales apparently
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Yes, thats correct, the discrimination provisions and I think later Awaabs law will apy in Wales.
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Following further discussion with David Smith, he has now confirmed that the rent payment date can only be formally altered for the first month of the tenancy. So if an incoming tenant asks for a change of date to align with their salary payment, you can agree if you wish and it will also change the period of the tenancy. If they later change their job and want a new payment date, you cannot formally change it. You could only accommodate their request by informally accepting rent a few days late or early.
This is an important point that Ive not seen picked up elsewhere and may catch a few landlords out.
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Thanks
is this reduction in flexibility for the tenant an accident of how the RRA is drafted or deliberate if so why?
And how could LLs be '‘caught out’ by changing in line with tenant’s request?. What exactly would the offence be and what would the punishment be? How would the mistake be identified by enforcement bodies and why would they take action if it’s due to a request from the tenant? Whose interest would enforcement serve?
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I think its largely a consequence of the decision to fix all tenancy periods to be monthly. This particular consequence probably wasn’t considered a big issue or wasn’t considered at all by the Govt officials drafting the legislation.
I haven’t checked to see whether attempting to make a later formal change to the payment date would in itself be a breach that could incur a penalty of any kind. I might if I get some time. However one consequence would be that any subsequent notices that needed to align with the rent payment dates, such as s13 notices and tenants notice to quit may have the wrong date and be invalid. This could cause particular problems for joint tenancies where an individual tenants notice to quit is accepted by the landlord but subsequently overturned by the other tenants at court. This is one scenario that could result in a penalty, or worse.
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Previously where a tenancy was periodic it only needed one tenant to give notice to end the tenancy. Isn’t that still the case with APTs ? And even if invalid if the LL accepts it then it is enough to end the tenancy isn’t it? In what circumstances could other tenants actually overturn it?
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To put some numbers on it so it is easier to visualise:
Rent due on the 1st of each month. Tenant gives notice on 16 March.
Two clear months from 16 March lands on 16 May. But 16 May is not the first or last day of a tenancy period. The nearest period end is 31 May (last day of May), or 1 June (first day of June).
So a landlord requiring the notice to end at a period boundary would be looking at 31 May at the earliest. That is about 76 days from when notice was given, not exactly 61.
The “2 month maximum” in the guidance is the baseline. The “ending on first or last day of tenancy period” rule is what adds the extra days in practice. The reason this requirement exists is historic: tenancy periods traditionally had to end on a rent day to avoid disputes over part-month rent calculations.
So Karl11 is right that it can exceed 2 months, and David122 is also right that the legislation allows it. The guidance calling it “2 months maximum” is just not precise enough to capture that nuance. In practice the effective maximum can be closer to 3 months if notice happens to fall right after a rent date.
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Yes, its still the case that one joint tenant can serve a valid notice to end it for everyone, but if the notice isnt valid, the other tenants could challenge it in court and potentially claim unlawful eviction.
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An update - As the end of the fixed term approaches, things are getting messy. This is in Wales, so I can’t rely on a lot of the wonderful advice above as RRA doesn’t apply.
The landlord has been asked if he will release me as guarantor when my relative leaves and has declined, saying (to tenant):
Whilst we accept your written notice that you are leaving the property and wish to terminate your tenancy. It is correct that you are liable on a joint and several basis for the rent until 6th July. However, we are currently clarifying the position in relation to Mark’s guarantee.
Our position is that the guarantee he provided continues whilst the tenancy remains in force, unless we release him from the guarantee. We would not agree to such a release unless a suitable replacement guarantor is provided and accepted.
As the tenancy itself is continuing and has not come to an end, we do not consider that Mark’s obligations as guarantor are discharged simply because you have chosen to leave the property. The guarantee remains in place in accordance with its terms for so long as the tenancy continues, unless otherwise agreed in writing.
There is a clause in the contract that says:
This guarantee is irrevocable and shall continue beyond the guarantor’s death or bankruptcy
So, I am left as guarantor to someone I do not know or like.
So - a bigger obligation than marriage. Lesson learnt. Never doing that again.
Any tips most welcome.
Check exactly how it works in wales - if they have accepted a written notice that ends the tenancy (ie not a 'withdrawal notice ') then ending the tenancy for 1 normally ends it for all. And your obligation.
(At worst get your relative to properly give 1 months notice on the date it become periodic. The tenancy then ends for all the tenants, and with it your obligation).
I know you have cited a clause 37 above saying ending the contract can’t be done by only one tenant - I’d get legal advice on whether such a clause can actually be enforced. Without seeing the contract it’s unclear if that clause relates to the fixed term or after it becomes periodic
Otherwise unless there is a separate guarantor agreement, your obligation may end when the rent increases (unless says your responsibility continues with rent increases).or other material terms change (like a new tenant perhaps?) unless you sign up to the changes - check the contract. Again ask Shelter cymru or legal advice..
Good luck