How to End a Private Rented Tenancy Legally (England)
From 1 May 2026, the law changed under the Renters’ Rights Act.
Most private tenants are now on an assured periodic tenancy, which usually runs from month to month.
There are no fixed‑term assured shorthold tenancies and “no‑fault” evictions are no longer allowed.
A tenancy can only end in the ways set out below.
1. If the Landlord Wants to End the Tenancy
A landlord can only ask a tenant to leave if they have a legal reason and follow the correct process.
This is done by serving a Section 8 notice, which must be based on one or more legally defined grounds. Common examples include:
- Serious rent arrears
- Breaching the tenancy agreement
- The landlord wants to sell the property
- The landlord or a close family member needs to move into the property
The landlord must:
- Use the correct legal notice
- Give the correct notice period (this depends on the reason used)
- Be able to provide evidence if required
- Apply to the court for a possession order if the tenant does not leave
A tenant does not have to leave just because they receive a notice.
Only a court order can end the tenancy.
If a tenant receives a notice and is worried about losing their home, they should contact
Sandwell Council Housing Solutions on 0121 368 1166 (option 2) or visit a Sandwell local office for advice.
2. If the Tenant Wants to End the Tenancy
A tenant can end their tenancy at any time by giving the landlord at least 2 months’ written notice.
The notice must:
- Be in writing
- End on a rent day, unless the tenancy agreement says otherwise
The tenant is responsible for rent and bills during the notice period.
3. Tenancy Surrender (Leaving by Agreement)
A tenancy can end at any time if both the landlord and tenant agree that it should end.
This is known as a surrender.
To avoid any confusion:
- The agreed end date should be clearly confirmed
- The agreement should be put in writing
- Once surrendered, the tenant is not responsible for rent after that date
4. Mutual Agreement to End the Tenancy
A tenancy can also end by mutual agreement, even shortly after it starts.
Both parties must agree:
- That the tenancy will end
- The date it will end
This agreement should always be confirmed in writing.
5. Break Clauses
Most private tenancies are now rolling periodic tenancies, so break clauses are usually not needed.
If a tenancy agreement does include a break clause:
- It must be fair
- It must be clearly written
- Both parties must follow it exactly
Important Things to Know
- There is no such thing as a “no‑fault eviction”
- Landlords cannot use Section 21 notices
- A tenant can only be required to leave if a court grants possession
- Tenants should not leave their home without taking advice if they receive a notice