New vs Old tenancy - Renters Right Act

MS450

Hi all, im seeking some advice as im currently in a situation of renting a place and want to leave. My situation is I’m in a HMO with a joint tenancy, one tenant has left and is refusing to pay rent even though they are still on the contract and legally binding, so now the rent is most definitely going to fall on the rest of us living here.

Im aware that the RRA changed May 1st, and that notice is now 2 months notice. However I have been given the below advice from a friend of a friend who works in property (don’t currently have contact with the friend as they are away):

“The new Renters Rights Act (RRA) brought in the 2 month’s notice period from 1st May. Landlords can agree to a shorter notice period if the tenant wants this when they want to leave. This new 2 months rule only applies to new tenancies from 1st May onwards.

So, if the tenant was an existing tenant prior to 1st May and they had a shorter notice period, the tenant has the right to retain that shorter period, typically one month. 

The RRA information on this is very confusing so most tenants don’t realise this. But any lawyer will agree that RRA or a landlord can not enforce a condition on a tenant that is worse than their previous existing tenancy agreement.”

My old tenancy states if leaving midway through we have to give 2 months notice, but if we want the contract to terminate on the 30th June (end of contract date) we have to give 1 months notice.

My question is, will all of us in the HMO be able to terminate the tenancy on the 30th June based on our old contract being a better condition compared to the new 1st May RRA? 

Thanks

Mr.Generous

The landlord now has the right to 2 months notice, an old (or any) contract doesn't over ride UK law.

However, rather than being left with an empty place and chasing rent from some tenants who have vacated they might prefer a shorter notice if you have a chat and come to an agreement.

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/6670153/new-vs-old-tenancy-renters-right-act

Could you please quote the exact wording in the original tenancy agreement as leaving midway through,” doesn’t make sense the way it’s written. Midway through what?

Worried_fool

Is the landlord aware of the situation?

Do you all want to leave ASAP?

Does the contract say that you are all "jointly and severally" liable for the rent?