From 1 May 2026, the introduction of the Renters Rights Act 2025 will abolish fixed-term tenancies, allowing tenants to serve a Notice to Quit at any time, including from the very start of their tenancy. This change raises important questions about the validity and timing of such notices, particularly concerning when the notice period must expire.

Understanding the Tenant’s Notice to Quit

A Notice to Quit is a specific form of notice used exclusively by tenants to end a periodic tenancy. Unlike a landlord’s section 8 notice, which seeks possession but does not itself terminate the tenancy, a valid Notice to Quit served by a tenant automatically ends the tenancy at the conclusion of the notice period. If the tenant remains in the property beyond this point, the landlord may pursue eviction through the courts.

It is important to note that landlords cannot use Notices to Quit for assured tenancies, as prohibited by section 5 of the Housing Act 1988, but tenants retain this right.

What Constitutes a Valid Notice to Quit?

For a Notice to Quit to be valid, it must be in writing and provide the correct notice period. However, a key issue remains unclear: when exactly must the notice expire? An incorrectly calculated expiry date risks invalidating the notice, which could complicate eviction proceedings if the tenant refuses to leave.

Legislative Framework

The Protection from Eviction Act 1977 is the primary legislation governing Notices to Quit. The forthcoming Renters Rights Act will introduce a new section 1ZA, which states that the notice period can be any length agreed between landlord and tenant, provided it does not exceed two months. If no agreement exists, the notice must be given “not less than two months before the date on which the notice is to take effect.”

This wording prompts the question: what does “the date on which the notice is to take effect” mean? Does it allow the notice to end on any day, provided the two-month period is observed, or does it refer to the traditional requirement that notices expire at the end of a tenancy period?

The Common Law Rule

Historically, common law has required that Notices to Quit end at the conclusion of a tenancy period. For example, if the tenancy period runs from the first to the last day of the month, the notice must expire on the last day of the month after the notice period. Similarly, if the tenancy runs from the 15th of one month to the 14th of the next, the notice must end on the 14th after the notice period. For weekly tenancies, the notice should expire on the same day of the week as the tenancy period ends.

While this rule is clear, most tenants are unaware of it. Additionally, it remains uncertain whether this common law principle will continue to apply to assured tenancies following the Renters Rights Act reforms.

Government Guidance on Rent Days

The government’s guidance refers to ‘rent days’ when discussing notice expiry. The information sheet, which landlords must provide to existing tenants by 31 May 2026, advises that the notice should end “on a day when the rent is due or the day before the rent is due.” This presumably assumes that rent is typically payable on the first day of the tenancy period, such as the 1st or 15th of the month.

However, some landlords allow tenants to pay rent on alternative days to accommodate their pay schedules. It is unclear whether a Notice to Quit ending on such a non-standard rent day would be considered valid. Furthermore, it is not evident if courts would treat this government guidance as binding, given it does not appear to be statutory guidance.

Notice Ending by Agreement

The Renters Rights Act permits the notice period to be agreed between landlord and tenants but specifies that such an agreement is only valid if made with all tenants. This means that in joint tenancies, a single tenant cannot unilaterally serve a Notice to Quit if co-tenants wish to remain.

Incorporating Notice Terms in Tenancy Agreements

One practical approach is to clarify notice expiry terms within the tenancy agreement, which all tenants sign. This can help avoid confusion and disputes. However, given tenants often do not thoroughly read tenancy agreements, landlords must consider how best to draft this clause.

Options include:

• Adopting the traditional common law approach, requiring notices to end on the last day of a tenancy period after the notice period.
• Following government guidance, specifying that notices end on the next rent day after the notice period.
• Simply requiring a minimum two months’ written notice from the date the notice is served, with rent apportioned if the notice does not end on a rent day.

Landlords and agents are encouraged to consider which approach best suits their circumstances and to communicate clearly with tenants to minimise disputes.

What this means for landlords

With the abolition of fixed-term tenancies and the introduction of tenant-served Notices to Quit from day one, landlords must prepare for increased flexibility in tenancy endings. Ensuring clarity around notice periods and expiry dates is crucial to avoid invalid notices and potential legal challenges.

Landlords should review tenancy agreements to include explicit terms on notice expiry and consider informing tenants about the importance of serving notices that align with rent days or tenancy periods. Staying informed about evolving legal interpretations and government guidance will be essential in managing tenancies effectively under the new regime.

Source: Based on reporting from The Landlord Law Blog

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