How to end a tenancy in England

Lawpack on October 21, 2026

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.

How to serve eviction notices properly

Lawpack on October 20, 2026

How to serve an eviction notice correctly and keep proof of service

As a landlord, if you want to regain possession of your rental property, it is important to serve the correct legal notice and comply with the applicable notice period and service requirements. If you fail to do so, your possession claim may be delayed or unsuccessful.

A letter simply asking your tenant to leave by a particular date will generally not be sufficient for an assured tenancy. You must use the appropriate legal procedure and notice.

Choosing the correct eviction notice

In England, the rules for private rented tenancies changed on 1 May 2026 under the Renters’ Rights Act 2025. Section 21 notices are no longer available for most private landlords. A landlord seeking possession of a property let under an assured tenancy will generally need to use a Section 8 notice, relying on one or more applicable grounds for possession.

The correct notice, grounds and notice period depend on the circumstances. Always check the latest government guidance and prescribed forms before serving notice.

Checking the notice before serving it

Before serving a notice, check that:

  • You have used the correct current notice form.
  • The landlord, tenant or tenants, and property are correctly identified.
  • The grounds for possession and notice period are appropriate.
  • You have complied with any relevant requirements in the tenancy agreement and applicable legislation.

For joint tenancies, take care to identify the relevant joint tenants, including those who may have moved out but remain legally party to the tenancy.

If the tenant rents a room in a shared property, identify the room and the full property address clearly where appropriate.

Serving an eviction notice by hand

Personal delivery can be a useful way to serve notice, particularly where you anticipate a dispute about receipt.

Where possible, consider having an independent witness present or using a professional process server. Keep a copy of the notice and a contemporaneous record of the date, time, location and method of service.

Leaving a notice at the property may also be appropriate, but you must check that the method complies with the applicable service rules. Do not assume that taking a photograph of a notice left at a door will, by itself, establish valid service.

Serving an eviction notice by post

Postal service may be appropriate where permitted by the tenancy agreement and the applicable legal rules.

Obtain proof of posting and retain a copy of the notice and any relevant delivery records. Remember that proof of posting does not necessarily prove actual delivery. Whether postal service is legally effective depends on the applicable provisions, including any rules about when service is deemed to have taken place.

Recorded delivery is not automatically the best option, as a tenant may refuse to accept the item. Check the service requirements before choosing a postal method.

Serving notice on a a difficult tenant who may dispute receipt

If you anticipate that a tenant may deny receiving the notice, consider using an independent witness or a professional process server.

Ask the process server to keep a detailed record of the steps taken to serve the notice and any relevant observations. Retain this record alongside your copy of the notice and other supporting evidence.

You should also complete the appropriate certificate of service, such as Form N215 where applicable, or follow the relevant official guidance.

Important: Correct service is only one part of the possession process. If the tenant does not leave, you will generally need to obtain a court possession order and follow the lawful enforcement procedure. Do not attempt to evict the tenant yourself by changing locks or removing their belongings.