Frequently Asked Questions
I am a residential landlord – do I need a reason to evict my tenant?
Since the passing of the Renters’ Rights Act 2025, it is no longer possible to terminate most residential short-term tenancies on a no-fault basis. Tenancies that were assured shorthold tenancies before 1 May 2026 automatically became assured periodic tenancies (“APTs”) as of that date.
Are all residential tenancies assured periodic tenancies?
No. Certain residential tenancies are excluded from the definition of APTs, such as tenancies at a very low or no rent. The tenancy will not be an APT if it is granted to a corporate tenant. It is also worth noting that the statutory protection afforded to older tenancies, such as those subject to the Rent Act 1977, will not become APTs.
How can I terminate an assured periodic tenancy?
APTs give tenants greater security of tenure and can only be terminated if one of the grounds specified in Schedule 2 of the Housing Act 1988 can be made out. The main grounds include:
- the landlord’s intention to move themselves or a relative into the property for use as their only or principal home (Ground 1);
- the landlord’s intention to sell the property (Ground 1A);
- anti-social behaviour (Grounds 7A and 14);
- rent arrears (Grounds 8, 10 and 11); and
- breach of tenancy (Ground 12).
How much notice do I have to give my tenant?
The amount of notice depends on the ground relied on. There is no minimum notice required for anti-social behaviour grounds. Section 8 of the Housing Act 1988 indicates that the following notice periods apply to each ground:
| Ground specified in notice | Period |
|---|---|
| 1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B | four months from service of notice |
| 5, 5A, 5B, 5C, 5D, 5H, 7, 9 | two months from service of notice |
| 5E, 5F, 5G, 8, 10, 11, 18 | four weeks from service of notice |
| 4, 7B, 12, 13, 14ZA, 14A, 15, 17 | two weeks from service of notice |
Does the notice have to be in a certain form?
Yes. It is critical that the s.8 notice is completed correctly in the prescribed form. A link to the government’s website can be found here: https://www.gov.uk/guidance/assured-tenancy-forms#form-3a
Do I need a solicitor to help prepare a s.8 notice?
There is no legal requirement for you to instruct a solicitor to help prepare a s.8 notice. However, with the introduction of sanctions for getting it wrong, it is wise to seek advice from a specialist.
My tenant is in arrears of rent – can I evict them?
Rent arrears are a ground for serving a s.8 notice. If the arrears are equal to or greater than three months’ rent where the rent is due monthly, or 13 weeks where the rent is due weekly, you are entitled to rely on Ground 8, which is a mandatory ground for possession. This means that if the notice is valid, and the arrears meet the required threshold on both the day of the notice and the day of the possession hearing, the court must make a possession order. If the arrears are less than those thresholds, you may rely on Ground 10. However, this is a discretionary ground, meaning the court will only make a possession order if it is reasonable in the circumstances to do so. In such circumstances, a judge may decide to suspend possession on the condition that the tenant repays the arrears by instalments.
My tenant has stopped living at the property – how do I bring their tenancy to an end?
If the tenancy was an APT, it may have lost its protected status. In such circumstances, the tenancy may be terminable by way of a notice to quit. We strongly recommend seeking specialist advice in these circumstances, as a landlord may face sanctions for serving the wrong notice.
How long does it take to evict a tenant who has an assured periodic tenancy?
The answer depends on how the tenant responds to the eviction process. If the tenant leaves in accordance with the notice, the timescale will be in line with the notice period for the ground relied on. However, if the tenant defends the possession claim and refuses to leave until the bailiff arrives, the process can take anywhere from two to three months in straightforward cases from the notice expiry date, up to a year or more for cases that are defended through to trial.
I have served a s.8 notice but my tenant did not vacate the property – what should I do?
It will be necessary to issue a possession claim. It is not possible to evict a residential tenant without a court order.
Do I need to prove that I have complied with deposit protection, gas safety checks and other regulatory requirements?
In order for a landlord to recover possession of a property let on an APT, they must ensure that by the time of the hearing, the deposit is correctly registered or returned. As regards other tenancy paperwork, such as gas safety records and energy performance certificates, those are likely to be documents the landlord will be required to register with the private rented sector database (“PRS database”), failing which the court will be restricted from making a possession order. However, at the time of writing, the PRS database has not yet been set up, but landlords should still ensure all tenancy paperwork is provided and a clear record maintained. These restrictions on possession do not apply to anti-social behaviour grounds, namely Grounds 7A and 14.
Can Preston Redman help with my residential possession claim?
Yes. Call Preston Redman’s helpful property litigation team on 01202 292 424 or use the enquiry form below. You can also contact Preston Redman’s head of property litigation, Hugo Haub, by email at hksh@prestonredman.co.uk.
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