Ending a tenancy: A guide for landlords

There may be certain situations in which you want your tenants to leave your property. Since the Renters' Rights Act is now in force, the process for ending a tenancy in England has changed significantly. The way you give notice now depends on the statutory grounds for possession rather than the type of fixed-term contract.

Most tenancies in England are now periodic by default, meaning they run month-to-month (or week-to-week depending on the rent period) rather than having a fixed end date.

Shared tenancies and responsibility

• Single tenancy covering multiple sharers: Where there’s a single tenancy to cover multiple sharers in one property, all tenants are jointly and severally liable. So for example, if one person stops paying rent, they could all face the threat of eviction.
• Individual tenancy agreements: If each tenant has their own agreement, they’re individually responsible for rent, and the landlord can request possession of their room only. To evict one tenant in a shared tenancy (e.g. for damage or nuisance behaviour), you may need to prove they are responsible or end the agreement for all tenants and create a new one with those staying. It might be necessary to terminate the tenancy for all tenants, before signing a new agreement with the tenants you’d like to keep.

Section 21 notice (abolished)

Section 21 “no-fault” evictions have now been abolished under the Renters Rights' Act in England. Landlords can no longer regain possession of a property without providing a valid legal ground. All possession claims must now be made using the updated Section 8 grounds.

Section 8 notice

Landlords must now use the revised Section 8 process when seeking possession. A notice can be served where a valid statutory ground applies. Common grounds include:

• Landlord or family intending to occupy the property (after 12 months).
• Intention to sell the property (after 12 months).
• Redevelopment or demolition requiring vacant possession.
• Persistent rent arrears (tenant is at least three months in arrears).
• Persistent antisocial behaviour.
• Breach of tenancy terms.

Notice periods will vary depending on the ground being used, and landlords must ensure the correct ground and notice requirements are followed.

Eviction through the courts

If tenants remain in the property after the notice period ends, landlords must apply to the court for a possession order. It’s illegal to evict tenants without following the legal process, and unlawful eviction can result in serious penalties.

Types of court orders

• Outright Possession Order: Tenant must leave, usually within 14 days after the court makes the order. If they do not, landlords can apply for bailiffs to evict.
• Suspended Possession Order: Tenant can stay if they meet certain conditions, such as repaying arrears or stopping disruptive behaviour.
• Money Judgement: Court orders the tenant to repay arrears, regardless of whether they are evicted. This affects the tenant’s credit rating and may make it harder for them to find a new home later on.

Bailiffs

If tenants still refuse to leave, landlords must request a warrant of eviction from the court. Court bailiffs will issue a formal notice of eviction (Form N54) and carry out the eviction.

If a tenant repays arrears at any point, proceedings can be stopped. Otherwise, a County Court Judgement (CCJ) may be issued, which will provide fair warning to other landlords who could be next in line for rent arrears by the same tenant. That’s why doing a full credit reference check on prospective tenants before signing a tenancy agreement is so important.