For tenancies granted (started) on or after 1st May 2026
The Renters’ Rights Act 2025 inserted into Section 5(1ZA) of the Housing Act 1988 the following wording which states that a tenant’s notice to quit an assured periodic tenancy is valid 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;”
Under the Renters’ Rights Act 2025 (effective 1st May 2026), 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.
It is at the landlord’s discretion whether he agrees to a timeframe of less than two months. ‘In writing’ includes letter, e-mail, or text message but most commonly the tenancy agreement will define the notice period so always check the tenancy agreement for clarity.
If your tenancy agreement states that you must give a notice period longer than two months (for example, three months), this cannot be enforced as the Act caps the maximum at two months. If your tenancy agreement specifies a shorter notice period (such as one month) or if you and your landlord mutually agree in writing to a shorter timeframe, that shorter notice remains valid.
For tenancies granted (started) before 1st May 2026
For tenancies granted before 1st May 2026 we await case law (August 2026) to clarify the position on notice periods, but many legal experts suggest if the pre 1st May 2026 tenancy agreement specifies a shorter notice period (such as one month) then the notice period is that period specified.
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