What Happens if My Tenant Serves Notice on Day 1 of the Tenancy?

Receiving notice from a tenant on the very first day of a tenancy would feel like a nightmare scenario.

Understanding your legal position and how upcoming changes will affect it is essential.

The Legal Landscape: Now and What’s Changing

Current Law

• For periodic tenancies, tenants can give notice at any time, usually one rental period’s notice (e.g. one month).

• For fixed-term tenancies, tenants are committed for the duration unless:

  • A break clause allows early termination

  • Both parties agree to surrender the tenancy

• If a tenant serves notice on day one of a fixed term, it typically only applies to the end of the term-unless a mutual early surrender is agreed.

Under the Renters’ Rights Bill

Major reforms are on the horizon. One of the most significant changes is the end of fixed-term tenancies. All tenancies will become periodic by default, giving tenants greater flexibility:

• Tenants can serve notice from day one

• The notice period will be at least two months

• Notice can be served via any written method - email, post, text, WhatsApp, etc.

What This Means for Landlords

If a tenant gives notice on day one, here’s how to handle it effectively:

1. Validate the Notice

Check that the notice:

• Complies with the minimum two-month period

• Ends on the final day of a rental period
  Example: If the tenancy starts on July 5th and notice is given on July 6th, the earliest it would end is September 5th.

If it’s not valid, clarify this with the tenant - and seek legal advice if needed.

2. Minimise the Void Period

While the early notice is frustrating, two to three months is typically enough time to secure a new tenant. Act quickly by:

• Reaching out to prospective tenants who previously viewed

• Offering incentives such as flexible move-in dates or deposit alternatives

• Reviewing and refreshing your marketing strategy

3. Understand the Tenant’s Circumstances

Have a conversation with the tenant to understand why they’re leaving. This can help identify if there’s anything that needs addressing in the property or tenancy process and help you find a better-suited replacement tenant sooner.

Sometimes, all parties may prefer to end the tenancy early, especially if a new tenant is ready to move in.

4. Rethink Your Tenant Selection Strategy

The shift to periodic tenancies makes thorough screening more important than ever:

• Ensure your property is competitively priced and in good condition

• Ask detailed questions during viewings to gauge tenant stability

• Go beyond financial checks, speak with current and previous landlords, and do some light online research (LinkedIn, social media) to understand who you're renting to

Stay Calm, Stay Proactive

While it’s never ideal to receive notice at the start of a tenancy, approaching the situation with calm professionalism will go a long way. With the Renters’ Rights Bill set to reshape the lettings landscape, preparation is key.

If you're a self-managing landlord in Bookham, Guildford, Leatherhead, or the surrounding areas and need help navigating these changes, Pacey Wingent Dickson is here to support you. Our expert team offers clear, practical advice to help you stay compliant and confident.

Get in touch:
📞 01372 456804
📧 info@pwdproperty.co.uk