Terminating Residential Tenancies

Important Notice: The Renters Reform Bill will abolish Section 21 “no fault” evictions and transition all tenancies to periodic tenancies, removing fixed terms. Landlords will only be able to evict tenants using strengthened Section 8 grounds for possession. We will continue to review and update our documents in line with any legal changes and aim to produce this updated content as soon as the changes are introduced.

Terminating a tenancy involves following specific legal procedures, and the process may vary depending on the type of tenancy and the circumstances. The general steps for terminating tenancies are:

Notice to Quit:

For Assured Shorthold Tenancies (ASTs), you can use a Section 21 notice or a Section 8 notice, depending on the reason for eviction. Section 21 is typically used when the fixed term has ended or during a periodic tenancy when there is no fixed term. Section 8 is used when there are specific grounds for eviction, such as rent arrears or breach of tenancy terms.
For other types of tenancies, provide a written notice to quit in accordance with the terms of the tenancy agreement or the common law.

Notice Period:

The length of the notice period depends on various factors, including the type of tenancy, the grounds for eviction, and any local regulations. In an AST, for example, a Section 21 notice usually requires at least two months' notice.

Serving the Notice:

Ensure that the notice is served correctly and in writing. It must include specific information and meet legal requirements. The notice should be sent via first-class post or delivered by hand. Keep a record of the notice and any proof of service.

Court Proceedings (if necessary):

If the tenant does not vacate the property after the notice period expires or contests the eviction, you may need to apply to the court for a possession order.
The court will issue a possession order, which may be either a standard possession order or an accelerated possession order, depending on the circumstances.

Bailiff Eviction (if necessary):

If the tenant still does not leave after a possession order is granted, you may need to request a warrant for possession from the court, which allows bailiffs to physically remove the tenant.

The linked titles below provide a complete set of templates for Section 8 and Section 21 termination and possession procedures.

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