Terminating a tenancy involves a formal legal process. Landlords must follow the correct procedures to ensure compliance and avoid unlawful eviction claims. The process varies depending on the type of tenancy and the circumstances.

Terminating Residential Tenancies Before The Renters Rights Act 2025

Before the introduction of the Renters Rights Act 2025, landlords in England could regain possession as follows:

Section 21 Notice (No Fault Eviction):

This Notice could be used when the fixed term had expired (or was due to expire), requiring landlords to give tenants at least two months' notice. As landlords were not required to prove tenant fault, this process became known as a "no fault" eviction. If tenants did not vacate by the expiry date, landlords could apply for possession using the accelerated possession procedure. 

Section 8 Notice (Breach of Tenancy):

Where tenants breached the terms of the tenancy - for example, through rent arrears, or anti-social behaviour - landlords could serve a Section 8 Notice citing one or more of the specified legal grounds contained in Schedule 2 of the Housing Act 1988. The relevant notice period depended on the grounds relied upon. If the tenant failed to vacate, landlords could apply for possession through the standard possession procedure. 

Changes Under The Renters Rights Act 2025

The Renters Rights Act 2025 introduces major reforms to possession procedures in England.

Under the Act landlords will no longer be able to use the route of "No Fault" evictions via Section 21. Possession must now be sought under strengthened Section 8 grounds. These will be updated in due course by the government to include:

• New mandatory grounds for possession where a landlord intends to sell;
• New rules for student lets; and 
• New grounds for employment-linked tenancies. 

Landlords should refer to the Section 8 Tenancy Termination Templates which contain guidance notes on the procedure, as well as template notices and covering letters to ensure compliance. 

Using Section 8 to Evict an Assured Shorthold Tenant provides an extensive range of guidance, court forms and templates for landlords seeking possession through the courts.