Under the old AST regime, most tenancies ended because the fixed term expired or Section 21 was served. Both routes are gone. Periodic Assured Tenancies have no expiry date — they continue until the tenant gives 2 months' written notice, or the landlord obtains a court possession order under Section 8, or both parties sign a Deed of Surrender.
The asymmetry is intentional: tenants have flexibility to leave with 2 months' notice, but landlords must have a legal reason (a Section 8 ground) before they can end the tenancy. Understanding the notice rules and the process for each scenario is essential for smooth tenancy management in the post-Section-21 world.
How a Periodic Assured Tenancy ends — three routes
There are only three lawful ways a Periodic Assured Tenancy ends:
- Tenant notice to quit (NTQ): The tenant serves 2 months' written notice on the landlord. This is the tenant's right — no landlord agreement required. The notice must end on the last day of a rental period
- Landlord possession via Section 8: The landlord serves a Section 8 notice citing a statutory ground, waits for the notice period to expire, then applies to court for a possession order. No court order = no lawful possession
- Mutual surrender (Deed of Surrender): Both parties sign a written document agreeing to end the tenancy on a specified date. Both parties must agree and sign
- There is no landlord notice to quit for Periodic Assured Tenancies — landlords cannot serve an NTQ as a route to possession. Attempting to do so has no legal effect
- There is no fixed-term expiry mechanism — Periodic Assured Tenancies do not have an end date built in
Tenant notice to quit — the 2-month rule
Tenants can end the tenancy at any time with 2 months' written notice:
- Minimum notice: 2 months
- Must be in writing — a verbal notice to leave has no legal effect on a Periodic Assured Tenancy
- Must end on the last day of a rental period: for a monthly tenancy where rent is due on the 1st, the notice must expire on the last day of a calendar month
- Example: monthly rent due 1st, tenant serves notice on 10 April. The first full rental period starting after 2 months is June — the notice expires 30 June
- The tenant cannot withdraw a valid notice to quit once served without the landlord's agreement — but landlords should agree to a withdrawal if both parties want the tenancy to continue
- There is no prescribed form for a tenant's notice to quit — a simple written letter or email stating 'I give 2 months' notice to quit [property address], expiring on [date]' is sufficient
What landlords must do when a tenant gives notice
When you receive a tenant's written notice, follow this process:
- Acknowledge the notice in writing within 5 working days — confirm the notice date, the expiry date, and the checkout arrangements
- Arrange a checkout inspection for the notice expiry date (or shortly after) — use a professional inventory clerk if possible
- Prepare a checkout report comparing the property's condition to the check-in inventory, with dated photographs of any issues
- Return the deposit (or the undisputed portion) within 10 days of the tenancy end — use the deposit scheme's repayment process
- For any disputed deductions, notify the tenant in writing with supporting evidence and raise the dispute through the deposit scheme's adjudication service
- Begin marketing and re-letting: all new tenancies from 1 May 2026 must be Periodic Assured Tenancies on the current statutory template
Landlord possession — Section 8 is the only route
When a landlord needs the property back, Section 8 is the only mechanism:
- Identify the applicable ground — the most common are: Ground 8A (persistent rent arrears, mandatory), Ground 1 (own occupation, mandatory, 4-month notice), Ground 1A (sale, mandatory, 4-month notice), Ground 14 (nuisance/ASB, discretionary, 2-week notice)
- Serve Section 8 Form 3A on the tenant — the notice must specify the ground and be served correctly (by hand, first class post, or email if the tenancy agreement permits service by email)
- Wait for the notice period to expire — notice periods range from 2 weeks to 4 months depending on the ground
- If the tenant does not vacate, apply to the county court for a possession order using Form N5 (possession claim online or paper)
- After the possession order is made, if the tenant still does not vacate, apply for a warrant of possession — HMCTS bailiffs will carry out the eviction
- Never self-help evict (change locks, remove belongings, cut utilities) — this is an illegal eviction, a criminal offence, and triggers a Rent Repayment Order
Negotiated surrender — faster than Section 8
If both parties agree, a Deed of Surrender ends the tenancy immediately without court proceedings:
- A Deed of Surrender is a formal written document signed by both the landlord and tenant agreeing to end the tenancy on a specified date
- Must be in writing and signed by both parties — a verbal agreement to leave is not legally binding for a Periodic Assured Tenancy
- Incentivise the surrender: offering 1–2 months' rent as a 'goodwill payment', waiving minor arrears, or contributing to removal costs is often cheaper than Section 8 proceedings
- Once signed and keys returned, change the locks immediately — the tenancy is legally ended
- Keep the signed Deed of Surrender indefinitely — if the tenant later claims they did not agree to leave, it is your evidence
- Cash-for-keys (offering a cash payment for the tenant to vacate) is lawful — formalise it with a signed Deed of Surrender specifying the payment terms and vacating date
Frequently asked questions
Can a landlord serve a notice to quit on a Periodic Assured Tenancy?+
No. Landlords cannot end a Periodic Assured Tenancy by serving a notice to quit. The notice to quit mechanism was applicable to common law periodic tenancies (like those that arose at the end of an expired AST without a new agreement being signed). Periodic Assured Tenancies under the Renters' Rights Act 2025 are statutory — the only landlord routes are Section 8 (court order) or a mutually agreed Deed of Surrender. A purported landlord NTQ on a Periodic Assured Tenancy has no legal effect.
What if the tenant serves notice but then changes their mind?+
A validly served notice to quit is binding — the tenant cannot withdraw it without the landlord's agreement. However, in practice, landlords should consider whether they want to accept a withdrawal. If the market has changed or you have already made re-letting commitments (signed a new tenancy agreement with an incoming tenant), you are not obliged to accept a withdrawal. If you are happy to let the tenancy continue, agree the withdrawal in writing and confirm no notice period applies.
How do I calculate the correct notice expiry date for a tenant's NTQ?+
For a monthly tenancy where rent is due on the 1st of each month: the notice must be at least 2 calendar months, expiring on the last day of a rental period. A tenant who serves notice on 10 April must serve at least 2 months' notice — the first last-day-of-a-rental-period that is at least 2 months away is 30 June. So the notice expires 30 June. If rent is due mid-month (e.g. 15th), the rental period runs from the 15th to the 14th — the notice must expire on the 14th of a month at least 2 months ahead.
Can a tenant give more than 2 months' notice?+
Yes — a tenant can serve more than 2 months' notice. The 2 months is the minimum. Tenants often give longer notice (e.g. 3 months) when they have found a property and need more time to complete. The notice is valid as long as it is at least 2 months and expires on the last day of a rental period. Acknowledge any notice you receive in writing and confirm the expiry date to avoid misunderstandings.