Ending a tenancy: A guide for landlords

There may be certain situations in which you want your tenants to leave your property. The way you give notice depends on the kind of contract your tenants have signed, so it’s important to check before taking action.

Shared tenancies and responsibility

• Single Assured Shorthold Tenancy (AST): Where there’s a single AST 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 ASTs: 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 AST (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

Important: Section 21 will be abolished under the Renters Rights Bill and is due to come into effect in late 2025. Until the law changes, landlords can still legally serve Section 21 notices. This page will be updated as details emerge.

A Section 21 notice allows landlords to regain possession of a property without giving a reason. It can be used:

• At the end of a fixed-term tenancy
• During a periodic tenancy (rolling agreement)

Conditions for serving a Section 21 notice

• The tenant’s deposit is protected in a government-approved Tenancy Deposit Protection Scheme
• At least two months’ written notice is given
• The notice date is at least six months after the tenancy began
• The tenancy is periodic or at the end of a fixed term

If tenants do not leave, landlords must apply to court for possession.

Section 8 notice

A Section 8 notice can be served if tenants have broken the terms of their tenancy. Common grounds include:

• Rent arrears
• Use of the property for illegal activity
• The landlord needing to move into the property

If tenants do not leave, landlords can seek a possession order in court.

Note: Landlords can serve both a Section 21 and a Section 8 notice at the same time. Section 21 may be quicker as possession is mandatory.

Eviction through the courts

If tenants remain after the notice period ends, landlords must apply for a possession order. It is illegal to force tenants to leave without one.

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.