How to end a tenancy in England
Understanding Assured Periodic Tenancies
Following the enactment of the Renters’ Rights Act 2025, the default tenancy for most private residential lettings in England is an Assured Periodic Tenancy (APT), referred to in the legislation as a ‘section 4A assured tenancy’. If you are intending to let a residential property, it is highly likely that this will be the type of tenancy you create.
An Assured Periodic Tenancy gives the tenant the right to exclusive possession of the property until the tenancy is lawfully terminated by either party, provided that the appropriate notice and legal procedures are followed. Unlike a fixed-term tenancy, an APT has no predetermined end date and continues periodically until it is brought to an end in accordance with the law.
When Can a Landlord Seek Possession?
If a tenant fails to pay rent, breaches the terms of the tenancy agreement or otherwise gives grounds for possession, a landlord must follow the correct legal procedures before seeking to recover the property. Eviction can be a complex process, and landlords should seek legal advice to ensure that they comply with their statutory obligations.
The Renters’ Rights Act 2025 abolished ‘no-fault’ evictions under Section 21 of the Housing Act 1988. Consequently, landlords can no longer rely on Section 21 to recover possession without establishing a statutory ground. Instead, landlords must serve a Section 8 Notice Seeking Possession, relying on one or more applicable grounds for possession under the Housing Act 1988, as amended by the 2025 Act.
Serving a Section 8 Notice Seeking Possession
To formally begin the possession process, a landlord must serve the tenant with a written Notice Seeking Possession. The relevant notice form is available in Lawpack’s Residential Letting Kit
The notice must identify the grounds for possession on which the landlord intends to rely. Different grounds carry different notice periods, and certain grounds require the tenant to have been given prior notification that they may be relied upon. The Lawpack tenancy agreement included in this Kit addresses this requirement.
Landlords should carefully check the applicable grounds, notice requirements and service provisions before issuing a notice. Serving an incorrect notice or failing to comply with the relevant statutory requirements may delay possession proceedings or undermine the claim.
Seeking Possession for Rent Arrears
Where a tenant has fallen behind with rent payments, the landlord may be able to seek possession under the relevant rent-arrears grounds.
Under the Housing Act 1988, as amended by the Renters’ Rights Act 2025, the mandatory rent-arrears ground described here requires arrears of at least three months’ rent, or 13 weeks’ rent for a weekly tenancy, both when the notice is served and at the date of the court hearing.
Where these conditions are satisfied, the court is required to grant a possession order under the mandatory ground, subject to the applicable statutory requirements. Landlords should therefore ensure that the arrears meet the relevant threshold before relying on this ground.
For example, if the monthly rent is £500, the tenant must owe at least £1,500 in rent arrears to meet the three-month threshold. If the arrears fall below the required level by the date of the hearing, the mandatory ground may no longer be available, although another applicable ground may be relevant.
Notice Periods and Service Requirements
When relying on the relevant rent-arrears ground, the landlord must give the tenant at least four weeks’ notice to address the arrears before possession proceedings can be commenced on the basis of that notice.
It is important to calculate the notice period correctly. Landlords should allow sufficient time for the notice to be served, taking account of the method of delivery and any applicable rules governing deemed service. Where the notice is sent by post, an allowance of at least two working days for service should be considered, subject to the applicable service rules.
Incorrectly calculating the notice period or failing to serve the notice properly can cause unnecessary delays and may require the landlord to serve a fresh notice.
Conclusion
The Renters’ Rights Act 2025 has significantly changed the process by which landlords in England can recover possession of residential property. With Section 21 no longer available, landlords must identify an appropriate statutory ground, serve a valid Section 8 notice and comply with the relevant notice periods and procedural requirements.
Where rent arrears or other tenancy breaches arise, landlords should keep accurate records, check the applicable statutory requirements and obtain legal advice where necessary. Taking these steps can help reduce the risk of procedural errors and ensure that possession proceedings are handled lawfully and efficiently.
Important note: This article is intended as general information for landlords and does not constitute legal advice. The applicable legislation, prescribed notice forms and procedural requirements should be checked before serving a notice or commencing possession proceedings.