Renters’ Rights Act equal rent for each month?
Maybe there are some legal eagles here who can correct me, but I cannot find anything in the law or Renters’ Rights Act to say that the rent must be the same every month.
Here is my dilemma. I have a property in an area with high seasonal demand. I am about to sign an APT for May 1st 2026. As the law stands, the tenant can give notice on May 1st and vacate the property on July 31st.
I have set the rent with the belief that this will be the tenant’s permanent home and they intend to stay indefinitely. In other words I have set a year round rental price. I now have the suspicion that this will not, in fact, be the tenant’s permanent home, and they will actually just rent it to stay until the end of August. Hence, they will have the property for the high season but pay a lower rent than for a short-term holiday home.
If I sent the rent at the ‘summer’ price for the whole lease, then nobody will rent it as the rent will be too high. So I had the idea of the following
Normal yearly rent is say 12k (1k per month)
May 1k
June 2k
July 2k
August 2k
September just £1
October £1
November £1
December onwards 1k per month
I can’t believe the law allows this, but I can’t see exactly how it prohibits it (absolutely open to correction here)
Or failing this, does anyone see another way to prevent a tenant abusing an APT to manufacture themselves a cheap holiday period let?
Paddy
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Member Since February 2024 - Comments: 24
6:12 PM, 24th April 2026, About 2 days ago
Reply to the comment left by DPT at 11:18
1(1)A payment of rent under a tenancy is a permitted payment.
(2)But, subject as follows, if the amount of rent payable in respect of any relevant period (“P1”) is more than the amount of rent payable in respect of any later relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment.
Yep that is pretty conclusive. Thanks for your help
I wonder if this was by design or an oversight that in ‘holiday’ areas this will now reduce supply of long term rentals!
Although I think I have found a solution. According to Google the Renters Rights act allows for a longer notice period if agreed mutually.
Do you know if this notice period must always be the same or can it vary.
So I set it something like
Lease Start May 1st
Until August the Notice period is 4 months
After August Notice period is 2 months
Would that be allowed?
Member Since January 2015 - Comments: 1450 - Articles: 1
11:18 AM, 25th April 2026, About 1 day ago
Reply to the comment left by Jason at 23/04/2026 – 12:52
No more ASTs after 1st May
Member Since October 2020 - Comments: 1180
11:42 AM, 25th April 2026, About 1 day ago
Reply to the comment left by Paddy Murphy at 24/04/2026 – 18:12
It was by design, although the intention at the time was to stop landlords getting around the deposit cap by charging a higher rent only in the first month(s).
Member Since February 2024 - Comments: 24
10:14 AM, 26th April 2026, About 6 hours ago
So I think the following could work to solve my dilemma
The Tenants agree that if they wish to terminate this Agreement and written notice is given of not less than 2 months to that effect, (‘the Tenant’s Notice’) on expiry of the Tenant’s Notice the Term shall end but this does not cancel any outstanding obligations which either party owes to the other. The Tenant’s Notice must expire at the end date of a rent period. It is further agreed that any notice given by the tenant’s cannot expire before November 30th 2026. For the avoidance of doubt the Tenant remains liable for rent until the end of the notice period or until the tenancy is otherwise lawfully terminated.
Is there anything that is illegal in the above? So I prevent the tenants from just renting for the high season.
Member Since October 2020 - Comments: 1180
11:50 AM, 26th April 2026, About 4 hours ago
Reply to the comment left by Paddy Murphy at 26/04/2026 – 10:14
It may be illegal as its essentially purporting to be a fixed term. That carries a penalty of up to £7,000. Even if you got away with including it, it would almost certainly be unenforceable. You cant really contract to over-ride a tenants statutory rights.
Member Since February 2024 - Comments: 24
11:53 AM, 26th April 2026, About 4 hours ago
Reply to the comment left by DPT at 26/04/2026 – 11:50
Thanks…I guess then the tenants get a 5 month notice period. Take it or leave it!
We are allowed to have a mutually agreed longer notice period, unless I am mistaken!
So if we can’t agree a 5 months notice period I will find a different tenant
Thanks for your help
Member Since October 2020 - Comments: 1180
12:57 PM, 26th April 2026, About 3 hours ago
I havent seen any restriction on upper limit for notice, so I don’t think you even need their consent. The issue is that ghe notice doesnt end the tenancy and it is likely to take a year or more to evict them through the courts.