Ending a tenancy in England — An overview for landlords

How a tenancy ends depends on who initiates it and whether the tenant cooperates. This guide gives landlords in England a complete picture of the routes available, the legal requirements at each stage, and how the Renters’ Rights Act reshapes the process from 1 May 2026. Reviewed March 2026.

What the rule is

There are three broad ways a tenancy can end in England:

1. The tenant gives notice — The tenant serves a notice to quit (or a break-clause notice) to end the tenancy. For a periodic tenancy this is typically one month’s notice aligned to the rental period.
2. Mutual surrender — Both landlord and tenant agree in writing to end the tenancy early. This should always be documented.
3. Landlord-initiated possession — The landlord serves a formal notice and, if the tenant does not leave, applies to the county court for a possession order.

Before 1 May 2026, landlords have two notice routes: Section 21 (no-fault, two months’ notice) and Section 8 (fault-based, using one or more statutory grounds with varying notice periods). After 1 May 2026, Section 21 is abolished and only Section 8 remains.

When it applies

These rules apply to all assured shorthold tenancies (ASTs) and, from 1 May 2026, all assured tenancies in England. Fixed-term tenancies convert to periodic tenancies from 1 May 2026; new fixed terms can no longer be granted.

What landlords must do

Step 1 — Decide the route. If the tenant wants to leave, ensure notice is received in writing and note the final tenancy date. If you need possession, identify which Section 8 ground applies and check the correct notice period.

Step 2 — Serve the correct notice. Section 8 uses Form 3. The notice must be correctly completed, served in accordance with the tenancy agreement, and the notice period must run in full before any court claim is issued.

Step 3 — Apply to court if necessary. If the tenant has not vacated by the end of the notice period, issue a possession claim using form N5 at the county court. You cannot physically remove a tenant without a court order.

Step 4 — Attend the hearing. Bring all evidence: tenancy agreement, proof of notice service, rent statements, any prior correspondence with the tenant.

Step 5 — Enforce the order. If the court grants possession and the tenant still does not leave, apply for a warrant of possession so a bailiff can carry out the eviction.

What evidence to keep

• Signed tenancy agreement (including any renewal or addendum)
• Proof that Section 8 notice was served (recorded delivery receipt, witness statement, or process server certificate)
• Rent account statement showing arrears or payment history
• Any written correspondence with the tenant about the issue
• ASB records, court orders, or police reports where relevant
• Checkout inventory and condition report when the property is vacated

What changed on 1 May 2026

The Renters’ Rights Act 2026 makes two sweeping changes to how tenancies end:

Section 21 is abolished. From 1 May 2026, landlords can no longer serve a Section 21 no-fault notice. Any Section 21 notice served on or after that date has no legal effect. For notices served before 1 May 2026, transitional rules apply — possession proceedings must also have been commenced before that date for the notice to remain valid.

All tenancies become periodic. Fixed-term ASTs no longer exist as a new tenancy type. All existing tenancies convert automatically to periodic tenancies on 1 May 2026. Landlords cannot contractually lock tenants into a fixed term.

New Section 8 grounds introduced. The Act adds and amends several possession grounds, including new grounds for landlords wishing to sell or move into the property, and introduces a 12-month moratorium preventing landlords from using selling or occupation grounds within the first 12 months of a tenancy.

Common mistakes

• Serving a Section 21 notice when the deposit has not been protected or prescribed information has not been served — this invalidates the notice
• Not allowing the full notice period to expire before filing a court claim
• Using an out-of-date version of Form 3 for Section 8 notices
• Attempting to take possession without a court order (illegal eviction)
• Failing to keep proof of how and when the notice was served

FAQ

Can I ask a tenant to leave without going to court? Yes — if the tenant agrees to leave voluntarily. Document this in writing as a deed of surrender. If they refuse to leave at the end of a valid notice, you must apply to court.

What is the fastest route to possession? For mandatory Section 8 grounds (such as Ground 8 — two months’ rent arrears), the court must grant possession if the ground is proven. These cases tend to move faster than discretionary grounds.

Do the new rules apply to existing tenancies? Yes. From 1 May 2026, the Renters’ Rights Act applies to all tenancies in England, regardless of when they started.

What if my tenant abandons the property? Abandonment is not the same as surrender. If a tenant stops paying rent and leaves without notice, take legal advice before changing locks — you may still need to follow the possession process to avoid an illegal eviction claim.