Renters' Rights Act: Tenant Notice Periods Explained

Renters' Rights Act: Tenant Notice Periods Explained

We are now six weeks into the Renters’ Rights Act, with tenants, landlords, agents, advisory organisations and even MHCLG working out how the new legislation takes shape in the real world.

With this in mind, we want to clarify an update we have received with regards to tenant notice periods.

All Assured Shorthold Tenancies (ASTs) transitioned to Assured Periodic Tenancies (APTs) on 1 May 2026, removing fixed end dates from tenancies, asserting the need to give approved grounds for an eviction for landlords, and bringing changes to notice periods for landlords and tenants. The Renters’ Rights Act information Sheet published by MHCLG and served to every existing tenant advised: 

“If you want to end the tenancy, you will be able [to do so] at any point by giving your landlord notice…You will need to give your landlord at least 2 months’ notice. You can agree to a shorter notice period with the landlord in writing…”

So, tenants must now give at least two months written notice (and this must also end on a day when the rent is due or the day before the rent is due). Simple, right?

Actually, no.

Notes within the Renters’ Rights Act relating to Section 20, Subsection (1ZA) (a) complicates this when it states: 

“If a landlord and tenant agree in writing the amount of notice a tenant must provide, it cannot exceed two months.”

So, if agreed by both landlord and tenant in writing the maximum amount of notice required is two months and can be less. And, crucially, the legislation does not say that:

·      the agreement for a shorter notice period must be made after 1 May 2026;

·      the agreement must be in a new agreement;

·      any pre-existing contractual provision (i.e. the previous AST) ceases to have effect.

What does this mean?

Essentially this means that the amount of notice required from your tenant should they wish to end the tenancy depends on whether they were an existing tenant on an AST prior to 1 May 2026 or whether their tenancy started on or after that date as an APT.

·      Tenant notice periods for tenancies that started on or after 1 May 2026

The default notice period for tenancy agreements is two months, and the notice period must end on the rent due date or the day before the rent due date.

·      Tenant notice periods for tenancies that started before 1 May 2026 and were previously an AST

Where a clause existed in an existing tenancy agreement which specified a shorter notice period (and our tenancy agreements as Brittons Lettings specified one month’s written notice) this deemed to be a written agreement between the tenant and the landlord and only one month’s notice needs to be given.

Should your tenant give notice to end the tenancy we will therefore need to advise both you and them dependent on the above scenarios. With access to the Property Ombudsman and in the near future a landlord ombudsman, it’s vital to follow the correct processes to avoid a complaint being raised by the tenant. 

We feel that we are in a confident position to manage this variation with minimal impact on our landlords. As professionally qualified agents working in a Propertymark-accredited agency, we understand the need for legislative compliance and follow best practice guidelines when it comes to implementing this. We also have the advantage of being an independent agency and legitimately knowing all of our landlords and tenants across our portfolio. This puts us in the strongest position to manage situations where variables come into play. After all, it’s our business to keep our landlords compliant.

If you are a landlord with property to let in the King's Lynn and West Norfolk area, and you're struggling to keep up with the new legislation, give us a call on 01553 692828 or pop into our Tuesday Market Place office for a chat, because lettings is easier when you let Brittons let for you.