Under the Renters' Rights Act 2025, which came into force on 1 May 2026, every residential tenancy in England is now a Periodic Assured Tenancy (PAT). There are no more fixed-term Assured Shorthold Tenancies for new lettings, and all existing ASTs automatically converted to periodic tenancies on 1 May 2026.
Because Section 21 is abolished, a landlord who wants to recover their property must use Section 8 of the Housing Act 1988, as significantly amended by the Renters' Rights Act 2025. Section 8 requires you to prove a statutory ground — there is no automatic right to recover the property simply because the tenancy is periodic or has been running for a long time.
Why there is no longer a 'normal notice period' for periodic tenancies
Before the Renters' Rights Act 2025, a landlord on a periodic tenancy could serve a Section 21 notice and recover possession as long as the correct notice was given. That mechanism is gone. Today, ending a periodic tenancy requires:
- A valid statutory ground under Schedule 2 of the Housing Act 1988 (as amended)
- Service of the prescribed Section 8 notice using Form 3 (or a court-compliant equivalent)
- Expiry of the notice period specific to the ground relied upon
- A possession order from the First-tier Tribunal or county court if the tenant does not vacate voluntarily
The main Section 8 grounds landlords can rely on
There are mandatory grounds (the court must grant possession if the ground is proven) and discretionary grounds (the court may grant possession if it considers it reasonable). The most commonly used grounds are:
- Ground 8 (mandatory) — rent arrears: Three or more months' rent is unpaid both when notice is served and at the hearing. Notice period: 4 weeks. Court must grant possession if the threshold is met at the hearing date
- Ground 10 (discretionary) — some rent arrears: Some rent is unpaid when the notice is served and at the hearing. Notice period: 2 weeks. Discretionary — court weighs circumstances
- Ground 11 (discretionary) — persistent late payment: The tenant has consistently been late paying rent even if not in arrears now. Notice period: 2 weeks
- Ground 1 (mandatory) — landlord or close family member needs to move in: Must be the landlord's (or their adult family member's) only or principal home, and tenant must have received advance warning at the start of the tenancy. Notice period: 4 months. Minimum tenancy of 12 months required
- Ground 1A (mandatory) — landlord intends to sell: New ground from 1 May 2026. Notice period: 4 months. Minimum 12-month tenancy required. No advance warning needed at the start
- Ground 7A (mandatory) — serious anti-social behaviour: Tenant convicted of a serious housing-related offence. Notice period: 2 weeks
- Ground 14 (discretionary) — nuisance and anti-social behaviour: Tenant or visitor has caused nuisance or annoyance to neighbours. Notice can be served immediately — no notice period before court application
Section 8 notice periods — quick reference table
Notice periods run from the date the tenant receives the notice (not the date it is sent). Ensure you factor in postal service time:
- Ground 8 (serious rent arrears): 4 weeks
- Ground 10 / 11 (rent arrears / persistent late): 2 weeks
- Ground 1 (landlord moving in): 4 months (minimum 12-month tenancy required)
- Ground 1A (landlord selling): 4 months (minimum 12-month tenancy required)
- Ground 7 (death of tenant — no successor): 2 months
- Ground 7A (serious ASB conviction): 2 weeks (can be same day for imminent risk)
- Ground 14 (ASB / nuisance): No minimum — proceedings can begin immediately on service
Using the correct form: Form 3
The Section 8 notice must use the prescribed form — Form 3 (as amended for the Renters' Rights Act 2025). A homemade notice that does not follow the prescribed format is invalid, and the notice period cannot start running. Key requirements:
- Name all joint tenants and the full property address exactly as they appear on the tenancy agreement
- Identify every ground relied upon by number and section
- For each ground, state the specific facts that constitute the ground — a generic assertion ('you are in rent arrears') is insufficient
- State the exact date possession is required (this must be at least the notice period after the date of deemed service)
- Sign and date the notice
- Do not alter, add to or remove the prescribed wording of Form 3 — any unauthorised changes risk invalidity
How to serve the Section 8 notice correctly
Service must be done in accordance with the tenancy agreement (if it specifies a method) or in a manner likely to bring it to the tenant's attention. Best practice:
- Hand delivery: obtain a signed receipt from the tenant — if refused, post through the letterbox and photograph the act with a timestamp
- First-class post: deemed served on the second working day after posting (allow 3 days to be safe). Retain the certificate of posting
- Email: only valid if the tenancy agreement expressly permits email service AND the tenant has provided an email address for this purpose — always follow up with a hard copy
- Serve on ALL named joint tenants separately — one notice addressed to multiple tenants may be insufficient
What happens if the tenant does not leave after the notice expires?
Expiry of the notice does not mean you can physically remove the tenant. You must apply to court:
- File a claim for possession at the county court using the Accelerated Possession procedure (for mandatory grounds) or the Standard Possession procedure (for discretionary grounds)
- Pay the court fee (currently around £355 for a standard possession claim)
- Attend a court hearing if one is listed — for mandatory grounds the judge may deal with it on the papers
- Once a possession order is made, the tenant has the period specified in the order (usually 14–28 days) to vacate
- If the tenant still does not leave, apply for a warrant of possession and instruct HCEO enforcement officers to carry out the eviction
Pre-notice compliance checklist
A possession claim can be derailed at court if the landlord is in breach of prescribed legal duties. Before serving any Section 8 notice, confirm:
- Deposit is protected in an approved scheme (DPS, MyDeposits or TDS) AND prescribed information was served within 30 days of receipt
- A valid EPC was provided at the start of the tenancy (rating E or above for new tenancies)
- A valid gas safety certificate was provided at the start of the tenancy and renewed annually
- A valid EICR (Electrical Installation Condition Report) was provided — valid for up to 5 years
- A copy of the How to Rent guide (current version) was served at the start of the tenancy
- The Information Sheet required by the Renters' Rights Act 2025 was served on all existing tenants by 31 May 2026
Frequently asked questions
Can I end a periodic tenancy without a reason after 1 May 2026?+
No. Section 21 no-fault eviction was abolished on 1 May 2026 under the Renters' Rights Act 2025. From that date you must rely on a Section 8 statutory ground to recover possession of a property let on a periodic tenancy. There is no longer any mechanism to end a tenancy simply because it is convenient for you to do so.
What is the minimum notice period to end a periodic tenancy in 2026?+
There is no single minimum notice period — it depends entirely on the ground you rely upon. Ground 14 (anti-social behaviour) allows court proceedings to begin as soon as the notice is served. Ground 8 (serious rent arrears) requires 4 weeks' notice. Grounds 1 and 1A (landlord moving in or selling) require 4 months' notice and a minimum 12-month tenancy.
Can I use Ground 1A (selling) from day one of a new tenancy?+
No. Ground 1A requires a minimum of 12 months' tenancy before the notice can be served. You must also intend to sell with vacant possession — not simply want to sell while the tenant remains in situ.
Does a Section 8 notice expire?+
Yes. A Section 8 notice is valid for 12 months from the date it is served. If court proceedings are not started within 12 months of service, the notice expires and a fresh notice must be served.
Does an invalid Section 8 notice mean I have to start again?+
Yes. An invalid Section 8 notice — for example because the wrong form was used, facts were not stated, or the notice period was too short — cannot be relied upon. The court will strike out the possession claim. You must serve a fresh valid notice and wait for the new notice period to expire before reapplying.