Your Tenant Might Not Need to Give Two Months' Notice After All!

When the Renters' Rights Act came into force on 1st May 2026, many landlords were told that tenants must now give two months' notice if they want to leave.

However, that's only part of the story.

The reality is that some tenants may still be able to leave with just one month's notice, depending on what their tenancy agreement says.

The Two-Month Rule Is The Default Position

Under the Renters' Rights Act, tenants wishing to end an assured tenancy are generally required to give at least two months' notice.

However, the legislation also allows for a shorter notice period where a different period has been agreed in writing.

What Does This Mean In Practice?

The easiest way to think about it is this:

If The Tenancy Agreement Contains A Written Notice Clause

If the tenancy agreement states that the tenant can leave by giving one month's notice, then that is the notice period the tenant is required to give.

For example:

• Tenancy agreement says one month's notice = tenant gives one month's notice.

• Tenancy agreement says six weeks' notice = tenant gives six weeks' notice.

• Tenancy agreement says two months' notice = tenant gives two months' notice.

  
  

The notice period has already been agreed in writing between the landlord and tenant.

If The Tenancy Agreement Does Not Specify A Notice Period

Where there is no written term dealing with the tenant's notice period, the default requirement becomes two months' notice.

Can A Landlord Agree To Less Than Two Months?

Yes.

A landlord and tenant can agree a shorter notice period in writing.

For example, if a tenant wants to leave quickly and the landlord is happy for them to go, both parties can agree to a shorter period.

Why This Matters For Landlords

Many tenancy agreements signed before 1st May 2026 contain clauses requiring only one month's notice from the tenant.

As a result, many landlords may wrongly assume they are automatically entitled to two months' notice when, in reality, their tenancy agreement already provides for a shorter period.

That could mean:

• Less time to find replacement tenants.

• Higher risk of voids.

• Reduced rental income.

• Fewer weeks to carry out inspections and maintenance.

  
  

Before relying on the two-month rule, landlords should check the wording of their tenancy agreement carefully.

Why So Much Confusion?

Part of the confusion stems from the government information sheet that landlords were required to provide to tenants following the introduction of the Renters' Rights Act.

Many landlords will remember that the information sheet simply told tenants that they must give two months' notice to end their tenancy. As a result, both landlords and tenants have understandably assumed that the two-month rule applies in every situation.

However, the legislation goes further than that.

While two months' notice is the default position, the Act also allows for a different notice period where one has been agreed in writing between the landlord and tenant.

This means that many tenants who have read the government information sheet may believe they automatically need to give two months' notice, while many landlords may assume they are automatically entitled to receive two months' notice. In reality, the wording of the tenancy agreement itself could be crucial.

For landlords with tenancy agreements that contain a one-month notice clause, that written term may still be highly relevant when determining how much notice a tenant is required to give.

Check Your Agreements

If you use older tenancy agreements, now is a good time to review your notice clauses.

The key question is simple:

Does your tenancy agreement specify how much notice a tenant must give?

If it does, that written term will continue to apply if its below 2 months.

If it does not, the default position will generally be two months' notice.

The Bottom Line

Many landlords believe every tenant must now give two months' notice. That isn't necessarily the case.

If your tenancy agreement contains a written notice clause requiring only one month's notice, your tenant is still able to leave by giving one month's notice.

If no notice period is specified, the default position is two months unless a shorter period is agreed between landlord and tenant in writing.