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3 days ago | 7 comments
Two months’ notice or not two months’ notice? That is the question
8:00 AM, 18th June 2026, 2 days ago
19
Hello, There appears to be conflicting advice about the notice tenants must give under the Renters’ Rights Act, so I am posting this in case other landlords have received similarly mixed messages.
The Act amends section 5 of the Protection from Eviction Act 1977. The new section 5(1ZA) appears to say that a tenant’s notice must be:
* for a period of no more than two months where the landlord has agreed that period in writing; or
* at least two months where no other period has been agreed.
The question seems to be whether a notice clause in an existing tenancy agreement counts as the landlord having already agreed a different period in writing.
I cannot find anything in the Act expressly saying that notice clauses in tenancy agreements signed before 1 May 2026 are either preserved or disregarded.
The Government’s Information Sheet for existing tenants says:
* “You will need to give your landlord at least 2 months’ notice.”
* “You can agree a shorter notice period with your landlord in writing.”
* “Your landlord cannot put anything into a tenancy agreement to change or disapply the new rules.”
Read on its own, that could suggest the default notice period is two months unless the landlord and tenant make a separate written agreement for a shorter period.
However, other Government guidance appears to say that a tenancy agreement can specify the notice a tenant must give, provided it is no longer than two months. That seems to leave room for a different interpretation.
I spoke to an adviser through my legal expenses insurer. Their view was that historic AST notice clauses are not automatically preserved, that an existing tenancy agreement may not amount to a new written agreement for the purposes of section 5(1ZA), and that the statutory two-month default would therefore apply.
I also raised the point with the NRLA. It said it would pass the issue to its training and policy team to consider whether it affects the advice it gives about tenants’ notices to quit.
I appreciate that the insurer’s view is one interpretation rather than a court ruling, and there appears to be room for disagreement over the wording.
Has anyone obtained a definitive answer on whether a pre-1 May tenancy clause requiring, for example, one month’s notice will remain valid after the new rules take effect?
In these bizarre times, I refer back to Shakespeare:
“Whether ’tis nobler in the mind to suffer
The slings and arrows of outrageous fortune,
Or to take arms against a sea of troubles,
And by opposing end them.”
I am posting this in case it helps other landlords navigating the same uncertainty.
Thank you,
Clara
Tags:
Landlord Legal Advice, notice to quit, pre-May 2026 tenancy, Renters’ Rights Act tenant notice, tenancy agreement notice clause, tenant notice period
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Member Since September 2018 - Comments: 3634 - Articles: 5
3:31 PM, 18th June 2026, About 2 days ago
Just read the RR Info sheet again. Plain as day…
This document is only a summary of the
changes. The new rules may change or
impact your tenancy in a way not described
below. The new rules apply to your tenancy
automatically, even if your landlord does
not update your tenancy agreement.
If you want to end the tenancy
You will be able to end the tenancy at
any point by giving your landlord notice.
This must be done:
• 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
or email
You will need to give your landlord at least
2 months’ notice. You can agree a shorter
notice period with the landlord in writing,
as long as any other tenants named on the
tenancy agreement also agree.
Member Since April 2024 - Comments: 11
4:05 PM, 18th June 2026, About 2 days ago
Reply to the comment left by Reluctant Landlord at 18/06/2026 – 15:31
I agree with Reluctant Landlord — the statutory Information Sheet landlords were required to serve makes the position plain. The new rules apply automatically, tenants must give at least two months’ notice, and a shorter period requires a new written agreement. If this wasn’t the case landlords would have all updated their tenancy agreement before 1 May and issued these before the 31 May when the RRA Information sheet had to be issued. The RRA Information sheet is a Statutory Notice with a £7000 fine for non-compliance.
Member Since November 2022 - Comments: 6
4:21 PM, 18th June 2026, About 2 days ago
This came up in parliamentary questions.
“Tenants can end the tenancy by providing at least two months’ notice and aligning that notice to expire at the end of a period. If the landlord agrees in writing, *or if there is a shorter notice period already included in an existing tenancy agreement*, then the tenant can give less than two months’ notice.”
The full answer given is here:
https://questions-statements.parliament.uk/written-questions/detail/2026-05-13/1088/
Member Since April 2024 - Comments: 11
5:04 PM, 18th June 2026, About 2 days ago
Reply to the comment left by Raz at 18/06/2026 – 16:21
The Ministerial Answer is inconsistent with the statutory notice, the tenant guidance, and the landlord guidance. All three official documents omit any reference to historic notice clauses surviving. The only lawful way to have a shorter notice period is through a new written agreement.
Member Since October 2020 - Comments: 1231
5:06 PM, 18th June 2026, About 2 days ago
The point is that not all AST tenancy agreements had clauses about tenants notice. Its common law, so there was no need to specify it, although many did.
The RRA says 2 months unless a shorter period has been agreed in writing. One of the most prominent and knowledgeable lawyers in the sector said that he thinks a clause in the existing tenancy agreement allowing a shorter period may satisfy this. Not wanting to spend my rental profits on being a test case, his opinion would be enough for me to allow 1 month.
Member Since October 2020 - Comments: 205
5:54 PM, 18th June 2026, About 2 days ago
My interpretation is simply that a contract clause on tenant’s notice should be regarded as binding if it allows notice shorter than the new statutory maximum. In your case that will depend on how the two months notice is defined, -is that two full (monthly) payment periods, or two months from the date of the notice? The statutory notice allows for the former as far as I understand it.
Member Since February 2015 - Comments: 7
8:38 AM, 20th June 2026, About 2 hours ago
Reply to the comment left by Simon F at 18/06/2026 – 17:54
Does anyone know where students fit in to this having signed up for a tenancy to start in September but then want to get out of it and have given two months notice before it even starts?
Member Since September 2018 - Comments: 3634 - Articles: 5
9:41 AM, 20th June 2026, About 56 minutes ago
Reply to the comment left by Raz at 16:21
…but that has not been made clear in the RRA itself and the prescribed info the gvt produced since that we had to serve on tenants.
If anything, the TENANT should be asking the question of the gvt, using the RRA info sheet as a evidence and seeking direct clarification as they are the ONLY ones that serve the actual notice in the first place. Everything else (including LL discretion to agree a shorter period of less than 2 months or not) follows on from this.
Member Since October 2020 - Comments: 1231
10:35 AM, 20th June 2026, About 2 minutes ago
Reply to the comment left by Alex Piggott at 20/06/2026 – 08:38
This is an interesting question. The notice relates to a tenancy that hasn’t yet begun, so its technically meaningless. Prior to the RRA, this would just be a breach of contract and you could sue them for your costs, but would have to mitigate those costs by trying to re-let immediately. Post RRA, the process of signing a tenancy agreement seems to be more than just entering a contract, at least for the landlord who cannot break the arrangement. Ive therefore no idea how this would be interpreted by a court. Its possible that the tenant’s notice would be allowed with immediate effect. Its also possible that it would be accepted as taking effect on the first day of the tenancy and the tenant therefore owning 2 months rent. Its also possible that it would be dismissed altogether and the tenant told to negotiate an exit or serve the notice again in September. You may want to get some proper legal advice on this. If you do, report it back here.