Section 8 Tenancy Termination Templates
Terminating a Residential Tenancy - Updated for the Renters Rights Act
Terminating a residential tenancy can be a complex and sensitive process, particularly with the introduction of the Renters Rights Act. Under the Act, Section 21 'no fault' evictions are abolished, meaning landlords in England must now rely on using a Section 8 Notice citing the grounds contained in Schedule 2 to the Housing Act 1988 to regain possession of their property.
from the 1st May 2026, landlords in England can only use a Section 8 Notice. Landlords must ensure they follow the correct legal procedures before seeking possession. Failure to do so may result in the court refusing a possession order.
Landlords in Wales should refer to Renting Homes Wales.
Possession of Property
A Landlord can only evict a residential tenant after obtaining a court order for possession. The court will not grant an order for possession unless it is satisfied that the Landlord has:
- Served the correct notices on the tenant; and
- Followed the required legal procedures for Section 8 possession
Using Section 8 To Regain Possession
The Obtaining Possession under Section 8 Housing Act 1988 is a useful Guidance Note providing an overview on the current mandatory and discretionary grounds. This will be updated with the new grounds once released. Please refer to the Strengthened Section 8 Grounds information page for detailed of the proposed changes.
The Section 8 Eviction Notice Seeking Possession is the key document for initiating the possession process. It is a prescribed form and must be carefully completed citing the full grounds. The notice must be correctly served on a tenant, along with any supporting documents such as the Letter Enclosing a Section 8 Notice and Letter regarding Termination Arrangements. These documents ensure that landlords provide clear communication to tenants.
This Terminating Residential Tenancies folder contains professionally drafted letters, notices and guidance for landlords to terminate their assured tenancies, assured shorthold tenancies, and common law tenancies.
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Frequently Asked Questions
Since the abolition of Section 21, landlords must seek possession of an Assured tenancy using the Section 8 procedure. A valid Section 8 Notice must be served, relying on one or more statutory grounds for possession. If the tenant does not leave after the notice period expires, the landlords must apply to the court for a possession order.
The correct Section 8 ground depends on the reason possession is being sought and the circumstances. Grounds are split into Mandatory grounds, where the court must grant possession if the ground has been established, and Discretionary grounds, where the court is satisfied the ground is made out and considers it reasonable to make an order for possession. The templates explain the requirements, notice periods, and evidence needed for each ground.
Yes. A landlord may rely on more than one Section 8 ground where the circumstances justify doing so. However, caution should be exercised selecting multiple grounds, as the Notice must comply with the requirements for every ground relied upon, including the applicable notice period. Where there is uncertainty about which grounds apply or the notice period requirements, landlords should seek appropriate legal advice before serving a notice.
If the tenant remains in the property after the expiry of the Section 8 Notice has expired, you must apply to the county court for a possession order and use the appropriate court enforcement process if necessary. A range of templates are available to assist with issuing and serving a Section 8 Notice, making a possession claim, and enforcing a possession order. You cannot take back possession yourself. Removing a tenant without a court order is a criminal offence.