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New RRA rules ending tenancy

Hello all, looking for some advice please. My daughter gave notice on her rental flat today (01st May) as they've also just exchanged contracts on her first house purchase. She couldn't give rental notice until exchange of contracts.

The existing tenancy agreement gives a one month break clause but the landlord's agent is now suggesting this must be two months and from the next rental payment date which will be at the end of May.

This seem incredulous, not only can they simply not afford rent and mortgage for three months can the new RRA just simply override all existing agreements and clauses. There is no new contract in place or signed.

Thanks for the help, she completes the sale in two weeks so we're looking for good early advice.

Thanks for the help which is much appreciated.

Comments

  • anselld
    anselld Posts: 8,751 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 May at 6:26PM

    Yes, unfortunatey the RRA overrides the existing contract, mostly but not always in favour of the Tenant.

  • Caz3121
    Caz3121 Posts: 15,930 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    The information on minimum 2 months aligned to rental cycle does appear to be correct under the new RRA. There does not need to be a new contract signed for the new rules to be applicable (landlords have up until the end of this month to issue tenants with an information sheet)

    The exception would be is if the landlord agrees to something different

  • Newbie_John
    Newbie_John Posts: 1,662 Forumite
    1,000 Posts Third Anniversary Name Dropper

    She could help find a tenant replacement and possibly agree with landlord to shorten it?

  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,666 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 2 May at 11:43AM

    That is the effect of the RRA. On 1st May all exiting AST because APT. Any fixed term became periodic and a minimum two tenancy periods of notice is what a tenant must serve to end the APT.

  • Robbo66
    Robbo66 Posts: 499 Forumite
    Sixth Anniversary 100 Posts Name Dropper

    Sorry but you're wrong, taken from the Information Sheet

    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.

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