Government sets out rules for when tenants want to leave under the Renters’ Rights Act

Government sets out rules for when tenants want to leave under the Renters’ Rights Act

Rules for landlords ending a tenancy, showing hands holding house and keys
9:42 AM, 10th December 2025, 4 months ago 32

The government has released guidance on how a landlord can end a tenancy if their tenant wants to leave.

Landlords will not be able to ask their tenant to give more than two months’ notice.

The new rules will come into effect on 1 May 2026 when the Renters’ Rights Act comes into force.

Tenant will need to pay rent during the notice period before the tenancy ends

According to the government guidance, landlords will be able to agree with their tenant to end the tenancy earlier or have a shorter notice period. This will need to be in writing.  The tenant will need to give their notice:

  • so the tenancy ends on a day when the rent is due or the day before the rent is due
  • in writing, for example, by letter, email or text

It’s important for landlords to know that under the new rules, the landlord cannot tell the tenant what method they must use to give their notice. The tenant is free to choose any written method, such as a letter, email, or text message.

The tenant will need to pay rent during the notice period before the tenancy ends.

The government guidance also says that if the tenant has already given notice but then changes their mind and wants to stay in the property, they can only stay if the landlord agrees to this in writing. If the landlord does not agree, the tenancy will end as planned.

Joint tenancies guidance

For joint tenancies, the government also gives guidance on what landlords should do.

According to the guidance, a tenant will be able to end the joint tenancy without the agreement of the other tenants.  If a joint tenant asks to give a shorter notice period, all the other joint tenants will need to agree to the shorter notice period.

If a joint tenant changes their mind and would like to stay, all the other joint tenants will also need to agree. If they do not agree, then the tenancy will need to end.

The guidance adds if some of the existing tenants want to stay, the landlord will be able to create and sign a new tenancy agreement.

Landlords will also be able to add new tenants to an existing tenancy agreement.

Property118 commercial reality check

Government rule changes often ignore the operational reality landlords face every day. The new notice requirements place yet another layer of responsibility on those already carrying the commercial risk. Serious landlords succeed by turning that pressure into structure, not stress.

What serious landlords should do next

Protect your position with clear written records. Tenants can now give notice by almost any written method, which increases the chance of ambiguity. Keep a disciplined record of every message and confirm key points back in writing to avoid misunderstandings.

Map out your tenancy timelines. Create a simple schedule of rent-due dates, expected notice windows and projected void risks. This restores predictability and helps you plan maintenance, cash flow and refinancing with confidence.

Set firm expectations for joint tenancies. Joint tenants can now terminate without unanimous agreement, which places extra risk on the landlord. Define your internal process for handling exits, replacements and new agreements to keep control of the transition.

Advantage through professionalism

Every new rule adds friction. Professionals respond by tightening process, sharpening documentation and protecting cash flow. That is how competent landlords stay resilient while others feel squeezed.


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Comments

  • Member Since January 2015 - Comments: 1438 - Articles: 1

    9:54 AM, 10th December 2025, About 4 months ago

    A “serious” landlord?
    How can a tenancy end on the day rent is due as that creates a new rent period? If starts on the 5th of the month it ends on the 4th as the rent period is 1 month.
    “How will a tenant end a tenancy once the reforms are implemented?
    A tenant will be able to end a tenancy by giving 2 months’ notice. The end date of the tenancy will need to align with the end of a rent period.”
    And a landlord not able to give more than 2 months notice? A landlord will need to give a minimum of 4 months notice. Nothing stopping giving more than 4 months. BUT Ground 10 need only give 4 weeks notice if tenant in arrears of any amount – not the minimum of 3 months noted in Ground 8. OK 10 is discretionary and 8 is mandatory possession.
    Interestingly a year or 6 months rent can be paid in advance IF the tenant requests as long as not a condition/clause in the Tenancy Agreement that the landlord requires rent in advance.
    https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act

  • Member Since June 2015 - Comments: 331

    9:54 AM, 10th December 2025, About 4 months ago

    I’m confused. Won’t landlords have to give 4 months notice for tenants to leave after 1st May?

    Isn’t the 2 months notice tenants have to give potentially closer to 3 months? If someone gets offered a new job 2 days after paying their rent the earliest date the notice period could end would be 2 months and 28 days later. Unless we choose to be flexible. Would offering flexibility be misinterpreted?

    How did anyone think it was a good idea for joint tenants to be subjected to this level of uncertainty?

  • Member Since October 2017 - Comments: 101

    10:19 AM, 10th December 2025, About 4 months ago

    And if they don’t leave at the end of the notice they gave? ..

  • Member Since September 2023 - Comments: 92

    10:36 AM, 10th December 2025, About 4 months ago

    Am I reading that right? If a joint tenat decides they have had enough they can give notice and leave the other joint tenant high and dry? Thats another problem in the making thats going to get pushed onto the LL

  • Member Since June 2015 - Comments: 331

    11:15 AM, 10th December 2025, About 4 months ago

    Reply to the comment left by Paddy O’Dawes at 10/12/2025 – 10:36
    The joint tenancy problem is one of my biggest concerns. A lot of student groups sign up too early with people they have only just met. It’s quite common for first year students to arrive at university towards the end of September and sign a contract for a house in October for the following September. They have vaguely met their housemates at that point and probably haven’t met the people who will be their friends.
    Fast forward to the following autumn and the cracks appear. It only takes one argument for one of them to give notice and the whole group has a problem. At that stage there aren’t going to be many students looking for housing, so they will either have to live with someone they don’t know, pay more rent each or find somewhere else to live (which is unlikely to be anywhere close to where they want to live).
    All of this upheaval could easily coincide with exams or out of area placements.

  • Member Since June 2019 - Comments: 774

    11:37 AM, 10th December 2025, About 4 months ago

    Perhaps that is the answer for HMOs. Let the whole property on a joint agreement then theoretically you can get vacant possession every time someone leaves.

    Problem tenant – get a friend to move in and immediately give notice. This looks plausible under the rules above; but it also makes a mockery of the statement that death of a tenant does not end the tenancy.

  • Member Since November 2015 - Comments: 584

    12:01 PM, 10th December 2025, About 4 months ago

    One tenant of a group of joint tenants on a single AST have always been able to give notice to end the tenancy without the agreement of the other joint tenants. This is not new. I quote “…Thus, if one joint tenant serves a notice to quit on the landlord, this will determine the joint tenancy whether or not the other joint tenants have agreed to serve a notice to quit. Likewise, if a landlord serves a notice to quit on one of the number of joint tenants, termination of one joint tenant’s interest terminates the interests of all the other joint tenants (Hammersmith and Fulham LBC v Monk [1992] 1 AC 478 [1991] 3 WLR 1144).” Garner & Frith; 2017; p 153-154; A Practical Approach to Landlord and Tenant

  • Member Since November 2015 - Comments: 584

    12:03 PM, 10th December 2025, About 4 months ago

    Reply to the comment left by Paddy O’Dawes at 10/12/2025 – 10:36
    That has always been the case. See my other comment with details.

  • Member Since August 2016 - Comments: 1190

    12:05 PM, 10th December 2025, About 4 months ago

    Requiring tenants to give two months notice is just plain ridiculous. Say I’ve got one of my properties empty and start advertising and the perfect tenant comes along. I obviously want the property occupied and tenanted a.s.a.p. But this great tenant I’ve found has to give two months notice to their current landlord (who is not flexible and holding them to this). So I have to wait two months for tenant to end current tenancy and I lose two months rent. It’s very unlikely to be two months, as current landlord is holding tenant to give notice up to next payment date. So could in reality be just shy of three months. So what am I going to do ? Likely I choose another tenant who doesn’t have to give any notice at all.
    Should have left the notice period as one month as it was for periodic tenancies. Worked just fine I never heard a landlord complain about it. This two months and longer notice, is no help to either landlords or tenants. Just another dog’s dinner.

  • Member Since November 2015 - Comments: 584

    12:07 PM, 10th December 2025, About 4 months ago

    Reply to the comment left by Cathie at 10/12/2025 – 10:19
    If the tenants don’t leave at the end of the notice period that they gave, the tenancy does in fact still end and they are legally considered to be “holding over”, which can leave them liable to a penalty of double rent. Usually the threat of double rent will motivate them. You will have to charge it as a holding over penalty explicitly and ensure you don’t inadvertently create a new periodic tenancy.

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