FAQ
What is the Renters' Rights Act?
The Renters’ Rights Act introduces significant changes to the private rented sector in England, including the abolition of Section 21 notices and changes to possession grounds. Landlords will still be able to recover possession of their properties where a valid legal ground exists.
Can landlords still evict tenants under the Renters' Rights Act?
Yes. The Renters’ Rights Act does not prevent landlords from recovering possession of their properties. However, landlords must rely on a valid legal ground and follow the correct legal process.
What notice does a tenant need to give under the Renters' Rights Act?
Under the Renters’ Rights Act, tenants can end their tenancy by giving at least two months’ notice to their landlord and can be given in writing or by any usual method of communication agreed between the landlord and tenant.
As tenancy arrangements have moved to an assured periodic tenancy model, tenants are no longer tied to fixed terms in the same way as under previous tenancy agreements. However, tenants remain responsible for paying rent and complying with the terms of their tenancy until the notice period has expired.
If you are a landlord and have received notice from your tenant, we can help you understand your rights and the options available to you.
What is a Section 8 Notice?
A Section 8 Notice is used when a landlord wishes to seek possession based on specific legal grounds, such as rent arrears, anti-social behaviour, tenancy breaches or other statutory grounds. The length of the notices depends on the grounds applied.
What happens if a tenant does not leave after a Section 8 Notice expires?
If a tenant remains in occupation after a valid Section 8 Notice expires, landlords will usually need to apply to the court for a possession order before possession can be enforced.
What is an assured periodic tenancy?
An assured periodic tenancy continues on a rolling basis without a fixed end date. Under the Renters’ Rights Act, existing assured shorthold tenancies, which normally had an end date, will move to an assured periodic tenancy. All new assured tenancies issued will now be periodic.
What is a fixed term assured shorthold tenancy?
A fixed‑term assured shorthold tenancy (AST) was a tenancy granted for a specific period under the Housing Act 1988. However, from 1 May 2026, all existing ASTs converted into assured periodic tenancies, and Section 21 can no longer be used. Tenancy arrangements now operate under the new framework introduced by the Renters’ Rights Act.
What happens if a tenant does not leave after a Possession Order is granted?
If a tenant remains in the property after a Possession Order has taken effect, landlords cannot remove the tenant themselves. Instead, enforcement action must be taken through the court.
In most cases, this involves applying for a Warrant of Possession, which allows a County Court Bailiff to attend and lawfully recover possession of the property. In some circumstances, it may be possible to transfer enforcement to the High Court, where a High Court Enforcement Officer can enforce the order.
Landlord Assist UK can assist with enforcement applications and help landlords understand the options available once a Possession Order has been obtained.
Do I need a consultation before instructing a notice?
Not always. If you’re confident about the action you wish to take, a consultation may not be necessary. However, a consultation can help identify any compliance issues, review the possession options available and ensure the most appropriate course of action is being followed before formal proceedings are started.
We would also recommend taking advantage of our free initial discussion, which provides an opportunity to discuss your circumstances and explore the options available to you.