VOL. I · Market edition, MMXXVIEngland & Wales · Templates · Reviews · Handoffs
Guide

Ending a tenancy (England & Wales)

How a tenant or landlord can lawfully bring a periodic tenancy to an end, the correct notice periods, and what happens if the right procedure is not followed.

By The Counsel editorial deskReviewed against primary legislation and case law for England & WalesLast reviewed 15 June 2026How we source this →
01

How the tenancy system now works

From 1 May 2026, all assured tenancies in the private rented sector in England are periodic tenancies under the Renters’ Rights Act 2025. There are no fixed terms to expire, so there is no longer a set end date after which a landlord can simply ask you to leave. The tenancy continues indefinitely until it is ended in the proper way — either by the tenant giving notice or by a court order obtained by the landlord on a valid ground.

02

How a tenant ends the tenancy

A tenant may end the tenancy at any time by giving at least two months’ written notice to the landlord. The notice should be in writing, specify the date it is to expire, and that date should fall on the last day of a period of the tenancy — usually the day before a rent payment is due. Once a valid notice has expired and the tenant has vacated, the tenancy ends without any court order.

03

How a landlord ends the tenancy

A landlord can only end the tenancy by obtaining a court possession order on a valid ground under section 8 of the Housing Act 1988. The landlord must first serve a section 8 notice specifying the ground and the required notice period. If the tenant does not leave after the notice expires, the landlord must apply to court, and a possession order is enforced by a court bailiff. A landlord who evicts a tenant without a court order — by changing locks, removing belongings, or cutting off utilities — commits an illegal eviction under the Protection from Eviction Act 1977.

04

Joint tenancies

Where two or more people hold the tenancy jointly, one joint tenant giving notice to quit will normally end the tenancy for all joint tenants, including those who did not consent — a position established by the House of Lords in Hammersmith and Fulham LBC v Monk [1992]. This can cause difficulty in relationship breakdown situations; if you are in this position, take legal advice before serving or accepting notice.

05

What happens if the tenant stays after notice expires

If a tenant gives notice but does not vacate on the expiry date, the landlord cannot remove them without a court order. The landlord would need to apply for a possession order. Courts take unlawful eviction seriously, and tenants who remain in occupation while possession proceedings are pending remain in lawful occupation until the court order is made and enforced.

My fixed term runs out next month. Do I need to give notice or will it just end?

If your tenancy existed before 1 May 2026, it will have automatically converted to an assured periodic tenancy on that date and now continues indefinitely — it no longer has an end date. You need to give at least two months’ written notice to end it; equally, your landlord cannot end it simply because an old fixed term has passed.

Can my landlord ask me to leave at the end of six months?

Not without a court order based on a valid section 8 ground. Since the abolition of section 21 on 1 May 2026, there is no mechanism for a landlord to end an assured tenancy without going to court and proving a ground for possession. Being at the six-month mark is not in itself a ground.

Can The Counsel help me understand the rules before I hand in notice?

Yes — The Counsel can walk you through notice requirements, explain what a valid notice should say, and flag anything in your tenancy agreement that may be relevant. It provides legal information to help you understand the rules, though for anything contentious (such as a dispute about whether the tenancy has ended, or a joint tenancy where there is disagreement) you should take advice from a solicitor or housing adviser.

The Counsel is an AI tool for England & Wales. It provides legal information, not legal advice, and does not replace a regulated solicitor. For anything high-value or contested, take advice before you act.