Since the Renters’ Rights Act came into force on 1st May 2026, most tenancies in England operate as open-ended periodic agreements.
Fixed-term Assured Shorthold Tenancies (ASTs) are no longer available, meaning every new tenancy now rolls on from the day it begins.
For many self-managing landlords, this raises an obvious concern: if tenants can leave at any time, does that mean more frequent void periods?
While tenants now have greater flexibility, they must also give at least two months’ notice before leaving. Understanding how these new notice rules work is key to managing your property with confidence.
- The two-month notice rule
- When is a tenant’s notice considered valid?
- What happens if one tenant serves notice to leave a joint tenancy?
- Quick landlord checklist when a tenant gives notice
Whether you’re replacing a tenant or starting a new let, Rent Now helps you create compliant tenancy agreements in minutes. Get Started with Rent Now
The two-month notice rule
Under the current rules, your tenant can give notice to end the tenancy at any point, even if they have only recently moved in. However, they must give you at least two months’ written notice before the tenancy ends.
You cannot include a clause in your tenancy agreement requiring a longer notice period, such as three or four months. Any term that attempts to do so is unenforceable.
That said, you and your tenant can always agree to end the tenancy sooner if it suits you both. For example, if your tenant needs to move out in three weeks and you already have a new tenant ready to move in, you can sign a deed of surrender to end the tenancy early and avoid an unnecessary void period.
When is a tenant’s notice considered valid?
A tenant cannot simply tell you they are leaving and stop paying rent exactly two months later. For a notice to be valid, it must meet certain legal requirements.
First, it must be in writing. A letter or email is usually sufficient, although other methods, such as text messages or WhatsApp, are only valid if your tenancy agreement specifically allows them for serving notices.
The notice must also end at the correct point in the rental period. For example, if your tenant pays rent on the 15th of every month, each rental period runs from the 15th to the 14th of the following month.
If they give notice on 20th June, they cannot simply leave on 20th August. Instead, they must give at least two months’ notice and the tenancy must end on the last day of a rental period. In this example, the earliest valid end date would be 14th September.
If the notice doesn’t meet these requirements, it may not be valid, and you can ask the tenant to serve a corrected notice.
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- How Can I Attract More Tenants to My Property Listing?
What happens if one tenant serves notice to leave a joint tenancy?
Joint tenancies work a little differently under the new periodic system. If one tenant on a joint tenancy serves a valid two-month notice, it ends the tenancy for everyone named on the agreement, not just the person who wants to leave.
For example, if three tenants rent your property together and one decides to move out, their notice brings the entire tenancy to an end on the stated expiry date.
If the remaining tenants want to stay, you don’t need to go through the courts. Instead, you can either grant them a brand-new Assured Periodic Tenancy (APT) agreement or, if everyone agrees, complete a formal change of sharer by replacing the departing tenant with a new one.
If you process a change of sharer at the tenant’s request, you can charge up to £50 to cover your administration costs, provided this is permitted under your tenancy agreement.
When one tenancy ends, let Rent Now help you start the next one with legally compliant agreements, referencing and digital signing. Find Out More
Quick landlord checklist when a tenant gives notice
When a tenant tells you they plan to move out, don’t assume their notice is valid straight away. Take a few minutes to check the following:
- Check the notice period: Make sure they have given at least two full calendar months’ notice.
- Check the end date: Confirm that the tenancy ends on the correct day, in line with the rental period.
- Check whether it’s a joint tenancy: If more than one tenant is named on the agreement, find out whether everyone intends to leave or whether the remaining tenants would like to stay and replace the departing tenant.
Spending a few minutes checking these details can help you avoid unnecessary disputes and minimise void periods.