Two months’ notice or not two months’ notice? That is the question

The introduction of the Renters’ Rights Act 2026 has brought significant changes to tenancy notice requirements, but some ambiguity remains regarding how these new rules interact with existing tenancy agreements. UK landlords and letting agents are seeking clarity on whether notice periods stipulated in agreements signed before 1 May 2026 remain valid or if the statutory default notice period now applies. This uncertainty has practical implications for managing tenancies and ensuring compliance under the new legal framework.

Understanding the Renters’ Rights Act 2026 Notice Provisions

The Renters’ Rights Act 2026 amends section 5 of the Protection from Eviction Act 1977, introducing new rules on the notice period tenants must provide to end a tenancy. Specifically, the Act’s new section 5(1ZA) states that a tenant’s notice period must be either no longer than two months if the landlord has agreed to this in writing, or at least two months if no such agreement exists.

This change aims to standardise notice periods and protect tenants from unfair eviction practices. However, the legislation does not explicitly clarify whether notice clauses contained in tenancy agreements signed before the Act’s commencement date (1 May 2026) are preserved or overridden by the new statutory provisions. This gap has led to differing interpretations among landlords, agents, and legal advisers.

Conflicting Guidance and Interpretations

Government guidance on the Renters’ Rights Act offers some insight but also contributes to the confusion. The official information sheet for existing tenants advises that tenants must give at least two months’ notice unless a shorter period is agreed in writing with the landlord. It also states that landlords cannot include terms in tenancy agreements that alter or exclude these new rules.

On the other hand, other government materials suggest that tenancy agreements may specify the notice period tenants must give, provided it does not exceed two months. This nuance leaves room for debate about whether historic tenancy clauses, such as those requiring one month’s notice, remain valid or are superseded by the statutory default.

Legal Advice and Industry Responses

Legal advisers consulted through insurance providers have expressed the view that notice clauses in existing assured shorthold tenancy (AST) agreements are unlikely to be automatically preserved under the new law. They suggest that an existing tenancy agreement may not constitute a fresh written agreement for the purposes of section 5(1ZA), meaning the statutory two-month notice period would apply by default.

The National Residential Landlords Association (NRLA) has acknowledged the issue and is reviewing it through its training and policy teams to determine if and how their guidance on tenant notices should be updated. This ongoing review highlights the current lack of definitive legal interpretation and the need for landlords to monitor developments closely.

Implications for Tenancy Management and Compliance

The uncertainty surrounding notice periods under the Renters’ Rights Act places landlords and letting agents in a challenging position when managing tenancy terminations. If historic clauses requiring shorter notice periods are no longer valid, landlords may need to accept longer notice periods from tenants, potentially affecting rental income and property availability.

Conversely, if such clauses are deemed valid, landlords must ensure that tenancy agreements clearly document any agreed shorter notice periods in writing to comply with the Act. Failure to do so could result in disputes or enforcement issues. This situation underscores the importance of reviewing tenancy agreements and staying informed about legislative updates.

What this means for landlords

Landlords should be aware that the Renters’ Rights Act 2026 introduces a statutory minimum notice period of two months for tenants, unless a shorter period has been expressly agreed in writing. However, whether existing tenancy agreements signed before 1 May 2026 continue to govern notice periods remains unclear and may require legal interpretation on a case-by-case basis.

Given the ambiguity, landlords may need to prepare for scenarios where tenants provide two months’ notice regardless of previous agreement terms. It is advisable to review tenancy agreements, communicate clearly with tenants about notice expectations, and seek professional advice if uncertain. Staying updated on guidance from industry bodies like the NRLA and TLA will also be beneficial.

What TLA members should consider

• Review all existing tenancy agreements to identify notice period clauses and assess their compatibility with the Renters’ Rights Act 2026.
• Ensure any agreed shorter notice periods are documented in writing, ideally with explicit reference to compliance with the new legislation.
• Communicate proactively with tenants about the notice requirements under the new law to avoid misunderstandings at tenancy end.
• Monitor updates from the NRLA, government sources, and TLA for clarifications or changes in guidance regarding notice periods.
• Consider seeking legal advice or using the Landlord Legal Support Hub for complex cases or disputes related to notice periods.
• Prepare tenancy renewal or new tenancy documentation to explicitly reflect the statutory notice requirements to avoid future ambiguity.

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