Since the Renters’ Rights Act came into force on 1st May 2026, we’ve received more questions about tenant notice periods than almost any other aspect of the new legislation.
The question sounds simple enough:
“If my tenancy agreement says the tenant only needs to give one month’s notice, but the new Renters’ Rights information says two months, which one applies?”
Unfortunately, the answer isn’t quite as straightforward as many landlords would like.
As with many aspects of the new legislation, there is a difference between what the law intends to achieve and how it may be interpreted in real-life situations. As a result, landlords and agents across the country are having to navigate a period of transition whilst the industry adjusts to the new rules.
What Does the Renters’ Rights Act Say?
Under the Renters’ Rights Act, tenants can now end their tenancy by giving two months’ notice.
However, the Government’s guidance also states:
“Tenants can now end a tenancy by giving 2 months’ notice, unless a shorter period is agreed in writing by the landlord and all tenants.”
At first glance, this appears straightforward.
However, many existing tenancy agreements signed before the Renters’ Rights Act came into force contain clauses stating that tenants may provide one month’s notice.
This naturally raises an important question:
Does the new legislation override the wording in existing tenancy agreements, or does that existing wording constitute a shorter notice period that has already been agreed in writing?
At the time of writing, there is no definitive case law providing a clear answer.
The Real-World Challenge
This isn’t just a theoretical legal discussion.
Since May, we have already seen tenants serve one month’s notice because that is what is stated within their tenancy agreement.
When this happens, we explain that the Renters’ Rights Act now references a two-month notice period.
In some cases, tenants accept this without question.
In others, they point to the tenancy agreement they signed and argue that a shorter notice period has already been agreed in writing.
Whilst every situation is different, our approach has been to take a cautious and pragmatic view.
The reality is that most landlords have no desire to become the first tribunal case that establishes precedent on this particular point.
Where genuine ambiguity exists, being reasonable, documenting decisions carefully, and avoiding unnecessary disputes is often the most sensible course of action.
Why Case Law Matters
One of the biggest challenges with major legislative changes is that the practical interpretation of certain provisions is often tested over time through tribunal and court decisions.
Whilst legislation provides the framework, it is often case law that eventually answers the finer details and grey areas.
We expect a number of these practical questions to emerge over the coming months and years as landlords, tenants, agents, tribunals and courts begin applying the new rules in everyday situations.
Until then, many landlords are understandably choosing to take a cautious approach rather than risk becoming the example that future guidance is based upon.
An Unexpected Impact on the Rental Market
Interestingly, we’ve also noticed a knock-on effect that many landlords may not have considered.
Prior to the Renters’ Rights Act, tenant movement was often relatively predictable.
A tenant would provide notice, the property would be marketed, viewings would take place, and a replacement tenant would be secured.
The transition from one-month notice periods to two-month notice periods has created a temporary period of uncertainty.
Some tenants are still expecting to provide one month’s notice because that is what their agreement states.
Some landlords are expecting two months.
Others are accepting one month to avoid disputes.
The result is that the market is still adjusting to the new framework.
Across parts of Kent, we have seen a slight lull in tenant movement as everyone becomes familiar with the new process.
This is not necessarily a long-term trend, but it is one of the practical consequences of implementing significant legislative change across an entire sector.
What Should Landlords Do?
The most important thing landlords can do right now is avoid assumptions.
The Renters’ Rights Act 2025 has introduced the biggest changes to the private rented sector in a generation. Whilst many aspects of the legislation are clear, others are still being interpreted in real-world scenarios and may ultimately be clarified through future tribunal decisions and case law.
Where uncertainty exists, landlords should:
- Review tenancy agreements carefully.
- Keep thorough written records of discussions and decisions.
- Communicate clearly and professionally with tenants.
- Stay up to date with legislative changes and government guidance.
- Seek professional advice before making decisions based on assumptions.
For self-managing landlords, this can be particularly challenging. The legislation itself is only one piece of the puzzle. Understanding how the new rules are applied in practice, identifying potential risks, updating processes, and responding consistently to changing guidance all require significant time and ongoing training.
Over the past two years, letting agents across the country have invested considerable resources preparing for the implementation of the Renters’ Rights Act. This has included reviewing tenancy processes, updating documentation, undertaking specialist training, monitoring government guidance and adapting management procedures to protect landlords and tenants alike.
For many landlords, particularly those with busy careers, family commitments or growing portfolios, professional property management is becoming less about convenience and more about reducing compliance risk.
One of the key benefits of full management is having an experienced team deal with these day-to-day challenges on your behalf. Rather than worrying about whether a particular notice period, process or interpretation is correct, landlords can have confidence that their property is being managed in line with current legislation, best practice and the latest industry guidance.
As the private rented sector continues to evolve, having the right support around you has never been more important.
Final Thoughts
The Renters’ Rights Act has changed the landscape for landlords across Kent and the wider UK.
Whilst many of the headline changes are now well understood, it is often the practical day-to-day situations that create the biggest questions.
The issue of one-month versus two-month notice periods is a perfect example.
As the industry continues to adjust, we expect further clarification to emerge through guidance, tribunal decisions and future case law.
Until then, taking a cautious, fair and well-documented approach may be the safest route for landlords who want to remain compliant whilst avoiding unnecessary risk.
If you have questions about notice periods, tenancy agreements, compliance requirements, or managing property under the Renters’ Rights Act, our team would be happy to help.
This article reflects our understanding of the Renters’ Rights Act 2025 and our practical experience managing property throughout Kent as at June 2026. The content is intended for general information purposes only and should not be considered legal advice. Landlords should seek professional or legal advice regarding their specific circumstances before making decisions based on the information contained within this article.
