Ending a periodic tenancy the right way: Notice periods landlords must follow
Since 1 May 2026, the route a landlord takes to end a tenancy in England has changed fundamentally. Section 21, the no-fault possession notice that allowed a landlord to recover a property without giving a reason, was abolished by the Renters’ Rights Act 2025 on that date. Every possession claim now requires a specific legal ground under Section 8 of the Housing Act 1988, served on the correct prescribed form with the correct notice period for that ground. Getting any element of this wrong puts the notice at risk, which can mean starting the process again.
The notice: Form 3A and what it must contain
All Section 8 notices served from 1 May 2026 must be on Form 3A, which is available free from gov.uk and replaced the old Form 3 on that date.
Form 3A must include the full legal wording of every ground being relied on, not a summary or paraphrase. It must state the date after which the landlord intends to begin court proceedings, which must be at or after the end of the required notice period for the ground cited. If court proceedings are not started within twelve months of serving the notice, the notice lapses and must be reissued.
It is best practice to serve the notice on every named tenant.
Notice periods by type of ground
Four months’ notice applies to Ground 1, where the landlord or a close family member intends to move in, and Ground 1A, where the landlord intends to sell. Neither can be used in the first twelve months of a tenancy.
Ground 6, which covers substantial redevelopment of the property, also requires four months’ notice, as does Ground 4A for student HMO possession at the end of the academic year, subject to the prior written statement and notice window requirements set out elsewhere in the Act.
Four weeks’ notice applies to all three rent arrears grounds: Ground 8, the mandatory serious arrears ground, and Grounds 10 and 11, the discretionary arrears and persistent late payment grounds.
Ground 12, covering breach of a tenancy obligation, requires two weeks’ notice. Ground 17, which applies where a tenant obtained the tenancy through a false statement, also requires two weeks’ notice.
No minimum notice period applies to Ground 7A for serious anti-social and criminal behaviour, or to Ground 14 for anti-social behaviour more generally, so court proceedings can begin straight away. However, the court cannot make a possession order until 14 days after notice is served, and Ground 14 is discretionary, so the court must also consider whether possession is reasonable.
Where a notice relies on more than one ground, the longest applicable notice period applies to the whole notice.
Deposit protection comes first
Several procedural requirements must be satisfied before a Section 8 claim can proceed. The tenancy deposit must be correctly protected in an approved scheme and the prescribed information served, and this must still be the case at the point of the claim. An unprotected deposit blocks most Section 8 grounds entirely until the deposit is protected or returned.
The court process
Serving a valid Section 8 notice is the first step. If the tenant does not vacate by the date stated in the notice, the landlord must apply to court for a possession order. The County Court fee for a possession claim is currently £415. If the possession order is granted and the tenant still does not leave, a warrant of possession must be applied for at a further fee of £152.
Need to end a tenancy correctly first time? Our lettings team can guide you through every step
