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Tenant Serving Notice to End Tenancy on First Day
If a tenant moves into a property on 10 September, what is the earliest they can leave, assuming they serve a notice to end the tenancy on their first day?
Comments
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What does their tenancy agreement say about the notice period?
0 -
I thought the RRA superseded the tenancy agreement?
No reliance should be placed on the above! Absolutely none, do you hear?3 -
I assume you are aware of the Renter's Rights Act and the obligations it puts on you as a LL, the info sheet answers your question anyway.
The Renters’ Rights Act Information Sheet 2026If 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
As it appears you are asking about a new tenancy commencing after 1 May 2026 are you up to speed on what you are now required to provide in writing to your tenant?1 -
The tenancy agreement states:
The Tenant can terminate by giving to the Landlord two months’ prior written notice.
Also:
42.2The Tenant may end the Tenancy by giving a minimum of two months’ prior written notice to the Landlord or the
Agent which must expire the day before the Rent is due.My understanding is the RRA supersedes the tenancy agreement unless the notice period is less than 2 months in the tenancy agreement, in which case the shorter term in the tenancy agreement applies. However, the RRA specifically allows the tenancy to end on the rent due date or the date prior, whereas the above clause from the tenancy agreement requires the end date to be the day before the rent is due. I assume the RRA supersedes this so it's up to the tenant?
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Presume OP is talking about a tenancy starting 10 Sept 2026 in which case the info sheet is not a requirement.
The tenant can leave on 9 Nov 2026 if notice was correctly served in line with the tenancy agreement.
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If TA has a shorter time-frame than the RRA then the TA would apply.
Let's Be Careful Out There0 -
I assume the RRA supersedes this so it's up to the tenant?
correct, tenant can choose day before due date or due date
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2 months from 10 September is 10 November.
RRA states:
A notice to quit satisfies this subsection—
(a)where it is given by a tenant in relation to premises let under an assured tenancy, if it is given—
(i)not less than any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or
(ii)in the absence of agreement under sub-paragraph (i), not less than two months before the date on which the notice is to take effect;
As two months have to pass BEFORE the date on which the notice is to take effect, and 2 months from 10 September is 10 November, the earliest date on which the notice can take affect is 11 November, which is no longer the rent due date or the date prior, so the tenant would be liable until 9/10 December.
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2 months from 10 Sept is 9th Nov.
10 Nov is 2 months + 1 dayrental periods start on the day stated and end the day before the next one starts
what is your actual issue?
are you seeking reasons to reject notice received?
are you seeking to inform tenant when to date a notice?
or is this all just hypothetical3 -
Agree with that.
Notice served on the 10th Sep allows them to leave on the 9th Nov, as the 10th Nov is not before two months away.Let's Be Careful Out There0
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