Can the tenant serve a notice to quit during the initial period of the tenancy?

*** Effective 1st May 2026, under the Renters’ Rights Act there is no longer a fixed period or set end date for a tenancy. All tenancies are now open-ended, rolling monthly periodic tenancies. Notices to quit by tenants cannot be less than two months before the date on which the notice is to take effect unless the landlord has agreed in writing to a length of time not exceeding two months ***

• If the tenancy agreement does not have a clause on how the tenancy will continue after the end of a fixed term, and by default it allows the tenancy to become a statutory periodic tenancy after the end of the fixed term – no. (From Housing Act 1988, Section 5, if, on or before the date on which a tenancy is deemed to have been granted (start of statutory periodic tenancy), any notice to quit shall be of no effect).
• If the tenancy agreement has a clause stating the tenancy will ‘continue’ as a periodic tenancy after the end of the initial period – yes, provided the notice complies with any clauses in the tenancy agreement covering tenant notices and the notice does not expire before the end of the initial period.

A tenant could also serve a valid notice to quit during the initial period to exercise any break clause in the tenancy agreement.

Reference

Housing Act 1988 Section 5

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