Ending a tenancy
Give prior written notice before the tenancy for grounds that require it
Some possession grounds can only be used if you told the tenant in writing before the tenancy began that you might rely on them.
- Status
- In force since 1 May 2026
- Penalty
- Civil penalty up to £7,000
- Topic
- Ending a tenancy
Who it applies to
New assured tenancies where the landlord may later want Grounds 1B, 2ZA-2ZD, 4, 5-5H, 6A or 18 (via the written statement), or Ground 4A (student HMOs).
What you must do
Include in the written statement of terms a statement that you wish to be able to recover possession on any of Grounds 1B, 2ZA-2ZD, 4, 5-5H, 6A or 18 that may apply, and for Ground 4A give the separate written statement required by that ground, before the tenancy is entered into.
- Deadline
Before the start of the tenancy
Evidence to keep
- Written statement of terms containing the prior-notice statement
- Proof it was given before signing
If you do not comply
- Civil penalty
- Up to £7,000
- Other consequences
- Relying later on one of these grounds without having given the statement is a breach (up to £7,000) under HA 1988 s.16E(1)(f); for those grounds the breach itself does not stop a possession order (s.16E(5)), but conditions within individual grounds still apply.
The law
- Housing Act 1988, s.16D(3) (statement of wish to recover possession on specified grounds)legislation.gov.uk
- Renters' Rights Act 2025, s.13 (inserts HA 1988 s.16E(1)(f))legislation.gov.uk
- Housing Act 1988, Schedule 2 Ground 4Alegislation.gov.uk
Official guidance
Notes
For most private landlords the relevant ones are Ground 4A (student HMOs) and Grounds 2ZA-2ZD (superior lease ending), 5A/5C (agricultural or employee accommodation).
Other ending a tenancy rules
9 rules- Section 21 is abolished: never serve a section 21, notice to quit or informal eviction noticeIn force since 1 May 2026Fine up to £7,000
Section 21 'no fault' evictions ended for private tenancies on 1 May 2026. The only route is a section 8 notice on Form 3A with a valid ground. Serving anything else that purports to end the tenancy is a breach.
- Seek possession only by a section 8 notice on Form 3A with the correct notice periodIn force since 1 May 2026Fine up to £7,000
To end a tenancy you need a statutory ground, a section 8 notice on the current Form 3A giving at least the minimum notice for each ground, and then a court order. Court proceedings must start within 12 months of serving the notice.
- Offence: knowingly or recklessly using a possession ground that cannot succeedIn force since 1 May 2026Fine up to £40,000
If you rely on a possession ground knowing it would not succeed, or reckless as to that, and the tenant leaves within 4 months without a court order, you commit an offence.
- Grounds 1 and 1A (move in or sell): not in the first 12 months, 4 months' noticeIn force since 1 May 2026
You can recover possession to live in the property (or house close family) or to sell it, but the date in the notice must be at least a year after the tenancy began and you must give 4 months' notice.
- Do not re-let or re-market for 12 months after using Ground 1 or 1AIn force since 1 May 2026Fine up to £40,000
After serving notice (or claiming) on Ground 1 or 1A, you cannot let the property, license it for money, or advertise it to let until 12 months after the earliest court date in the notice.
- Ground 8 mandatory rent arrears: 3 months or 13 weeks at notice and at hearingIn force since 1 May 2026
The mandatory rent arrears ground needs at least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) owing both when the notice is served and at the hearing, with 4 weeks' notice.
- Anti-social behaviour: Grounds 7A and 14 allow immediate court proceedingsIn force since 1 May 2026
For serious anti-social or criminal behaviour you can use mandatory Ground 7A or discretionary Ground 14 and apply to court as soon as the notice is served.
- Ground 4A: student HMOs need prior written notice and 4 months' notice ending 1 June to 30 SeptemberIn force since 1 May 2026
If you let an HMO to full-time students and want it back for the next academic year, you must have told them in writing before signing and give 4 months' notice dated between 1 June and 30 September.
Evicting a tenant without a court order and enforcement, or harassing them to leave or stop exercising their rights, is a criminal offence. Councils can now fine up to £40,000.