Terminating Residential Tenancies
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.
Other Relevant Documents
Eviction Notice for Tenant With No Right to Rent is used to evict tenants who do not hold a “right to rent” under the Immigration Act 2014. Landlords are legally required to check that all occupiers have the right to rent in the UK. Failure to comply can result in civil penalties or criminal sanctions. This Notice provides formal documentation of compliance with immigration laws and supports landlords in demonstrating due diligence.
The Landlord's Notice to Quit for Common Law Tenancy should be used when ending a tenancy that falls outside the statutory framework for statutory tenancy regulations. It is particularly relevant for:
- High-rent tenancies (where annual rent exceeds £100,000);
- Non-primary residence lettings, where the property is not the tenant's only or main home.
This document ensures landlords comply with contractual and common law notice requirements when seeking possession.
In come situations, a landlord may find that a tenant has left property behind. Landlords can refer to detailed guidance on Sale of Residential Tenant’s Abandoned Goods for the correct legal procedure to deal with or dispose or abandoned goods in compliance with the Torts (Interference with Goods) Act 1977.
Ongoing Updates
We continue to review and update our Tenancy Termination documents and templates in line with the latest legal developments under the Renters Rights Act 2025. Updated documents will be made available as soon as the statutory requirements are confirmed.
Please select from the options below to access the relevant templates and guidance:
- Residential Possession Proceedings – Section 21 Accelerated Procedure
- Section 8 Tenancy Termination Templates
- Residential Possession Proceedings – S8 Standard Procedure
- Eviction Notices and Notices to Quit
- Property Left Behind by Residential Tenants
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