Giving notice to evict tenants

This guide explains what landlords need to do when giving their tenant a notice to evict them.

The Renters’ Rights Act will change laws about renting and this guidance has been published to help private rented sector landlords and agents prepare. The new rules will apply on or after 1 May 2026. For information on the current law, refer to the existing guidance on section 21 and section 8 notices.

You will be able to evict tenants who have an assured periodic tenancy using a section 8 notice. You will need to give your tenant the correct notice period and a valid reason for evicting them.  

You will not be able to use a section 21 notice to end an assured periodic tenancy. 

Section 8 notice of seeking possession  

Some of the reasons (known as ‘grounds’) you will be able to use to evict your tenant include:   

  • your tenant has not paid or owes you rent (rent arrears)   

  • your tenants are committing antisocial behaviour  

  • you, or your close family need to move into the property  

  • you intend to sell the property  

You will not be able to evict your tenant in the first 12 months of the tenancy if it’s because you need to move in or sell your property.  

If your tenant owes you rent 

If your tenant owes you rent, you should try to resolve the situation with them first. For example, work with your tenant to manage rent arrears or agree a rent repayment plan.  

If you cannot resolve the situation, you will need to  give your tenant 4 weeks’ notice before you apply to court to evict them. 

Giving notice to your tenant

You will need to complete form 3: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy. You will need to explain which grounds you are using to evict your tenant.  

You will be able to include evidence for why you are using these grounds, for example, if a tenant has been causing antisocial behaviour.  

You will need to give notice to your tenant by giving them the completed form with the correct notice period.   

The notice period will depend on the ground being used. Read the grounds for possession guidance which lists all the grounds and notice periods you will need to give your tenant. 

The notice period will usually be 4 months if your tenant has not done anything wrong. It may be 2 months in some specialist cases.   

The notice period may be shorter if your tenant is at fault, for example, they owe you rent. 

Your tenant does not have to leave during the notice period. If they do not leave by the end of the notice period, you will need to apply to court to evict them.   

You will be able to get legal advice on giving notice to your tenant.  

Tenants will be able to get free advice from the Housing Loss Prevention Advice Service.

After you give notice  

Keep proof that you gave notice to your tenants. You can either:  

  • write “served by [your name] on [the date]” on the notice  

If your tenant does not leave by the specified date, you will be able to rely on your completed N215 or notice when applying for possession. How long you have to apply to court to evict your tenant will depend on when you gave your tenant notice.  

If you gave your tenant a section 8 notice before 1 May 2026 

You will usually only be able to use the notice to start court proceedings for up to 12 months after the date you gave it to your tenant or until 1 August 2026, whichever is sooner. 

If you gave your tenant a section 8 notice on or after 1 May 2026 

You will usually have up to 12 months after the date you gave it to your tenant to apply to court to evict them.  

If you gave your tenant a section 21 notice before 1 May 2026 

You will usually only be able to use the notice to start court proceedings for up to 6 months after you gave it to your tenant or until 1 August 2026, whichever is sooner.  

After a maximum of 3 months beginning on 1 May 2026 you will not usually be able to use a section 21 notice to start an eviction process. This will apply even if you gave the tenant notice less than 6 months ago. 

You will be able to get legal advice on how long you’ll have to use the section 21 notice to start court proceedings. 

If you do not apply to the court in time, the section 21 notice will become invalid and the tenancy will be an assured periodic tenancy. You will need to serve your tenant with a new section 8 notice to evict them and follow the standard possession order process.

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