tenant notice -RRA connotations

marc3

somewhat unexpectedly-our tenant has just given us one months notice (6 months into what was originally a 12 month ast .

that given -unfortunately-i think that under the RRA -she is perfectly entitled to do so as from 1 may -it becames a rolling contract -entitling her to give one month notice regardless .

can someone 'in the know' simply confirm that unfortunately i am correct .

(not relevant to this -but it is a bit illogical as thereby a new tenant could enter into a tenancy today ,and give notice after just one month-so us landlords could end up with tenants effectively just wanting accomodation for two months only )

FlorayG

No, the notice period is now two months from either party and it's has to be two full payment months.

If rent is due 1st August your tenant can leave 30th September

If rent is due, say, 28th August and tenant gives notice now, they can leave 27th November because the August payment won't be a full month from date of notice

sherlock228

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

The Renters’ Rights Act Information Sheet 2026

BTW as an ongoing tenancy as at 1 May 2026 you were legally required to send that info sheet to your tenant by 31 May 2026. Failure to do so may result in a fine so it might be wise not to upset your tenant so much that they get advice from people who know the law and encourage "confrontation"

Assured periodic tenancies: a guide for landlords: Written information you need to give to your tenant - GOV.UK

(you are correct that RRA means tenants can start and leave more or less at their discretion, that was kinda the point of removing fixed terms and so improve tenant rights)

Grumpy_chap

How easily can you relet the property?

If the T wishes to leave after 1 month and supports access for re-letting during that month such that any void period can be minimised, the pragmatic thing might be to agree the 1 month period. You could do that in a "balanced" way, so advise that the RRA notice is 2 months but you would not enforce if you can relet sooner and request the T's agreement to viewings.

I assume the original AST did not include a break clause at 6 months?

marc3

Hi

thanks for replies .

BTW as an ongoing tenancy as at 1 May 2026 you were legally required to send that info sheet to your tenant by 31 May 2026. 

umm - -might have done that but thanks for the reminder regardless !

floray-you are of course right,-notice is now 2 months -which is one good thing on this RRA

-poor excuse for my error whereby over the years i simply got so used to it being one month on rolling contracts my fingers/brain went to the one and not the two month key. silly me .

i am one of those boring people who like to legislate for every scenario and to me-its not clear on one aspect-i think this legislation will have to be legally tested before there is certainty as to its real life interpretation so what about :

tenant gives notice after 5 months but landlord decides going to sell property .

we were going to in 2/3 years but this may just accelerate ones plans

now the rra says we cant sell for 12 months and need to give 4 months notice .(not clear to me if thats 4 months notice in advance of the 12 months ,or 4 months notice starting at end of first 12 months )

thats all fine anyway -but if the tenant has given her notice after 5 months and its now obviously a rra -can we sell or at least market property for sale now-as opposed to waiting 12 months from date of original ast (1 feb ) ?

one assumes and logically yes-as tenant has given us notice-and effectively in 2 months property would be empty but very dangerous to assume !!

can we market it now-or would we need to wait until end of tenant notice period in two months -or illogically wait a full 12 months from original date of ast.

'expect the unexpected '

whatever-we would do this through the legal channels as always but i like to be one step ahead of letting agents (who in the main havent got to grip with this yet ) /legal people anyway -(bit of an anorak and must get out more )but really do not know the answer to that one highlighted above, and dangerous to surmise

does anybody know true facts in that scenario ?

thank you

_Penny_Dreadful

https://forums.moneysavingexpert.com/discussion/comment/82089646#Comment_82089646

You’re overthinking this.

The 12‑month restriction applies to using Ground 1A to obtain possession so you can sell. If the tenant has already given notice and left, there's no possession to obtain and no tenant to evict. The tenancy has ended, so just sell the property.

Ground 1A is a ground for possession, not a restriction on selling the house. You don’t even need to evict a tenant to sell because you can sell with a tenant in situ if you wish.

The only time the 12‑month rule becomes relevant is where you have a tenant and want them out so you can sell. The 4 month notice using ground 1A can be served before the 12 months but the notice period cannot r d before the 12 months. That's not the scenario you've described.

As for marketing the property during the current tenant’s notice period, you could but I wouldn’t recommend it.