r/TenantsInTheUK • u/lperks87 • 21h ago
Guidance Required Rental rights act- which notice period applies, 1 or 2?
I know there have been a lot of queries on this already, but wanted to see if anyone could help us with our very specific situation.
We had a 12-month fixed-term tenancy which expires on 1 June 2026, after the Renters’ Rights Act came into force on 1 May 2026.
During the fixed term, there was a break clause requiring two months’ notice. After the fixed term, the tenancy agreement provided that the tenancy would become rolling, with one month’s notice required.
We emailed the letting agent giving notice on 29 September, confirming that we would be moving out on 1 November.
However, in response, the agent has said the following:
“Clause 4.1.9 reflected the statutory position at the time the tenancy agreement was drafted. Under that framework, where a fixed term tenancy continued beyond the expiry of the fixed term, it would become a statutory periodic tenancy and the tenant would be required to give one month’s notice in line with the rental period. The clause was drafted specifically to apply in those circumstances and therefore relies on the fixed term expiring and the tenancy becoming periodic as a result of that expiry. As that did not occur in this case, the clause does not apply. Accordingly, the required notice period is two months, in line with the rental period.”
My questions are:
Is the agent correct that clause 4.1.9 no longer applies because the tenancy became periodic under the Renters’ Rights Act rather than as a result of the fixed term expiring?
Does the fact that the agreement also contains a two-month break clause make any difference, given that we are seeking to end the tenancy after the legislation came into force?
I would be grateful for any thoughts, particularly from anyone familiar with the transitional provisions of the Renters’ Rights Act or who has dealt with a similar situation.
Thanks!
4.1.9 Where the Tenancy becomes a periodic Tenancy at the end of the fixed Term period the Tenant is
required to give at least 28 Days' notice (or one Month in the case of a Monthly Tenancy) in writing to end the Tenancy. The Tenant’s notice must end on the first or last Day of a period of the Tenancy in accordance with
the common law rules. The Landlord is required to give at least two Months' notice in accordance with the
Statutory rules prescribed by Section 21 of the Housing Act 1988 but the Landlord’s notice does not need to
expire on the first Day of a period of a Tenancy.