My Tenant Has Given Notice — Is It Valid? When Does It Start and End?

When a tenant tells you they want to leave, it can feel straightforward — but the legal rules around tenant notice are more nuanced than most landlords realise. Getting the dates wrong can mean the tenancy ends later than you expected, or that you cannot re-let the property when you planned to. This guide explains everything you need to know.

The New Landscape: Assured Periodic Tenancies

Under the Renters' Rights Act 2026, all new tenancies are assured periodic tenancies (APTs) — there are no more fixed terms. Existing assured shorthold tenancies (ASTs) that were in place before the Act came into force have also converted to APTs. This changes the notice rules significantly.

Under an APT, a tenant can give notice to end the tenancy at any time. There is no minimum period they must have lived in the property before they can give notice (unlike the old rules where tenants had to wait until the end of a fixed term, or give notice in accordance with a break clause).

How Much Notice Must a Tenant Give?

Under the Renters' Rights Act 2026, a tenant must give a minimum of two months' notice to end an assured periodic tenancy.

This is a change from the old rules, where a tenant on a periodic tenancy only needed to give one month's notice (or notice equal to the rental period, whichever was longer). The two-month minimum now applies to all APTs.

Important: The tenancy agreement cannot require the tenant to give more than two months' notice. Any clause requiring longer notice from the tenant is unenforceable.

What Form Must the Notice Take?

The tenant's notice must be:

- In writing: An oral notice (a phone call, a verbal conversation) is not sufficient. The notice must be in writing — a letter, an email, or a written message.

- Clear: It must make clear that the tenant intends to end the tenancy and give the date on which they intend to leave.

- Signed: Best practice is for the notice to be signed by all tenants named on the tenancy agreement. If only one joint tenant signs, the position is more complex (see below).

There is no prescribed form for a tenant's notice — unlike a landlord's notice, which must use the prescribed Section 8 form. A simple letter or email stating "I wish to end my tenancy at [address] and give two months' notice from [date]" is sufficient, provided it meets the requirements above.

When Does the Notice Period Start?

This is where many landlords (and tenants) get confused.

The notice period starts on the day after the notice is received — not the day it is sent. If the tenant posts a letter, the notice period starts when you receive it, not when they posted it. If they email you, it starts when the email arrives in your inbox.

The Rental Period Rule

Under the old periodic tenancy rules, notice had to expire at the end of a rental period (i.e. the last day before rent was due). This rule has been abolished for APTs under the Renters' Rights Act. A tenant can now give notice to end the tenancy on any date — it does not have to align with the rent payment date.

This means:

- A tenant who pays rent on the 1st of the month can give notice to end the tenancy on the 15th of a month

- The tenancy ends on the date specified in the notice (provided at least two months' notice has been given)

- You cannot insist the tenancy runs to the end of a rental period

Calculating the End Date: A Worked Example

Tenant pays rent monthly on the 1st. On 16 July 2026, they email you to say they want to leave and give two months' notice.

- Notice received: 16 July 2026

- Notice period starts: 17 July 2026

- Two months later: 17 September 2026

- Tenancy end date: 17 September 2026

The tenancy ends on 17 September 2026. It does not need to run to 30 September (the end of the rental period). Rent is due up to and including 17 September — you would need to calculate a daily rate for the partial month.

Is the Notice Valid? A Checklist

Before accepting a tenant's notice as valid, check:

- ✅ Is it in writing? (letter, email, or written message — not just a verbal conversation)

- ✅ Does it clearly state the intention to end the tenancy?

- ✅ Does it specify a leaving date?

- ✅ Is the leaving date at least two months after you received the notice?

- ✅ Is it signed by all tenants named on the agreement? (for joint tenancies — see below)

If any of these are missing, the notice may not be valid. You should write back to the tenant promptly, pointing out the deficiency and asking them to re-serve a valid notice.

Joint Tenancies: A Complication

Where there are two or more tenants named on the tenancy agreement, the position is more complex:

- All tenants giving notice: If all joint tenants sign and serve notice together, the tenancy ends for all of them on the specified date. This is straightforward.

- One tenant giving notice: Under the old law, one joint tenant could serve a notice to quit that ended the tenancy for all joint tenants — even if the others wanted to stay. The Renters' Rights Act has changed this: one joint tenant cannot unilaterally end the tenancy for all. A notice served by only one joint tenant does not end the tenancy. The remaining tenants can continue in occupation.

This is a significant change from the old rules and is designed to protect tenants (particularly in domestic abuse situations where one partner might try to end the tenancy to force the other to leave). For landlords, it means you cannot rely on a notice from one joint tenant to recover possession.

What If the Tenant Changes Their Mind?

Once a valid notice has been served, the tenant cannot unilaterally withdraw it. However, you can agree to waive the notice — if you are happy for the tenant to stay, you can simply agree in writing that the notice is withdrawn and the tenancy continues. This is entirely at your discretion.

If you have already re-let the property in reliance on the notice, you are not obliged to agree to the tenant staying.

What If the Tenant Leaves Before the Notice Expires?

If the tenant vacates before the notice end date, they remain liable for rent until the tenancy legally ends — unless you agree to an early surrender. An early surrender should be documented in writing (a surrender agreement) signed by both parties.

Without a formal surrender, the tenant owes rent for the full notice period even if they have physically left the property. You can claim this from the deposit or pursue the tenant through the courts.

What If the Tenant Does Not Leave on the Notice Date?

If the tenant gives notice but then does not vacate on the agreed date, the tenancy does not automatically end. You will need to apply to the court for a possession order. The tenant's notice does not give you the right to re-enter the property — you must follow the legal possession process.

Practical Steps When You Receive a Tenant's Notice

1. Acknowledge receipt in writing — confirm the date you received the notice and the date the tenancy will end. This creates a clear record and avoids later disputes about dates.

2. Check the notice is valid — use the checklist above. If it is not valid, write back promptly.

3. Calculate the exact end date — two months from the day after receipt.

4. Arrange a check-out inspection — book this for the tenancy end date or the day before.

5. Begin re-letting preparations — but do not commit to a new tenancy start date until you are confident the existing tenant will vacate on time.

6. Confirm the deposit return process — remind the tenant of the check-out procedure and the timeline for deposit return.