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Notice Periods for Tenants and Landlords

HousingLast reviewed: 1 April 20256 min read

Notice periods in private rented housing in England have undergone significant change in recent years. Landlords seeking to evict tenants must serve the correct notice for their circumstances, while tenants ending a tenancy must give proper notice in the right format. Getting this wrong can be costly for both sides.

Key points

  • Tenants must give at least one month's notice in a monthly periodic tenancy (or the notice period in the tenancy agreement if longer).
  • The Renters' Rights Bill abolishes Section 21 no-fault evictions and requires landlords to have a specific legal ground to evict.
  • Section 8 notices (fault-based evictions) require specific grounds and varying notice periods depending on the ground used.
  • A Section 21 or Section 8 notice must comply with strict legal requirements to be valid.
  • Notice given verbally is generally unenforceable — always give notice in writing.
  • In a fixed-term tenancy, tenants cannot usually end the tenancy early without the landlord's agreement unless a break clause exists.

Notice Periods for Tenants

If you want to end your tenancy, the notice you must give depends on the type of tenancy you have:

  • Periodic tenancy (rolling): You must give at least one month's notice in a monthly periodic tenancy. If you pay rent weekly, at least 4 weeks' notice is required. Your tenancy agreement may specify a longer notice period, which you are bound to follow.
  • Fixed-term tenancy: You are generally bound to the tenancy until the fixed term ends. You cannot end it early unless: there is a break clause in the agreement, or you reach a surrender agreement with the landlord.

Your notice should be in writing, clearly state the date on which you intend to leave, and be served so it gives the full notice period required. For a monthly periodic tenancy, notice should expire on the last day of a rent period — so if your rent is due on the 1st, notice should expire on the last day of the month.

Section 21 Notices (No-Fault Evictions)

A Section 21 notice is a no-fault eviction notice under the Housing Act 1988. It allows landlords to repossess a property at the end of a fixed term or during a periodic tenancy without needing to give a specific reason. Section 21 notices are being abolished by the Renters' Rights Bill — check the current implementation date on gov.uk.

Prior to abolition, for a Section 21 notice to be valid, landlords must have:

  • Protected your deposit in a government-approved scheme and provided prescribed information
  • Provided the current How to Rent guide and a valid Energy Performance Certificate (EPC)
  • Provided a current gas safety certificate (if applicable)
  • Not served the notice within 6 months of an environmental health complaint in some circumstances

The minimum notice period for a Section 21 notice is 2 months. If you believe a Section 21 notice you have received is invalid, seek urgent advice from Shelter or Citizens Advice.

Section 8 Notices (Fault-Based Evictions)

A Section 8 notice is served where the landlord has specific legal grounds to evict, most commonly rent arrears. The notice must specify which grounds under Schedule 2 of the Housing Act 1988 apply. Notice periods vary by ground:

  • Ground 8 (2+ months' rent arrears): 14 days' notice — a mandatory ground, meaning the court must grant possession if it is made out
  • Ground 10 (some rent arrears): 14 days' notice — discretionary
  • Ground 12 (breach of tenancy terms): 2 weeks' notice — discretionary
  • Ground 14 (nuisance or antisocial behaviour): Immediate notice — discretionary
  • Ground 1 (landlord wants to move in): 2 months' notice — discretionary

Under the Renters' Rights Bill, the Section 8 notice grounds are being reformed and expanded to provide landlords with grounds to recover possession for legitimate reasons (such as selling the property or moving a family member in) while abolishing no-fault eviction.

Changes Under the Renters' Rights Bill

The Renters' Rights Bill, passed in 2025, makes fundamental changes to notice periods and eviction law in England:

  • Abolition of Section 21: No-fault evictions are removed. Landlords must have a specific legal ground to evict.
  • Abolition of fixed-term tenancies: All new tenancies will be periodic from the start, with tenants able to leave with 2 months' notice at any time after the first 6 months.
  • Reformed Section 8 grounds: New and strengthened grounds are introduced, including grounds for landlords who want to sell or occupy the property personally.
  • Stronger anti-retaliatory eviction protections.

Check gov.uk for the latest commencement dates for each provision, as the Bill's changes are being implemented in phases.

Frequently asked questions

Do I have to leave on the date stated in the notice?
A notice is not an eviction order. Even if you receive a valid Section 21 or Section 8 notice, you do not have to leave on the date stated. Your landlord must apply to the court for a possession order and then a bailiff's warrant before they can lawfully remove you. If you leave earlier than necessary, you may lose housing benefit entitlements or make yourself intentionally homeless. Seek advice before leaving.
Can I be evicted during the winter months?
There is no legal ban on evictions during winter in England (unlike some other jurisdictions). However, courts retain discretion, and Housing Associations sometimes apply a seasonal pause. If you are facing eviction, seek advice from Shelter or Citizens Advice immediately regardless of the time of year.
What if my landlord changes the locks instead of following the proper notice process?
This is illegal. Changing locks without a court order or bailiff warrant is illegal eviction and harassment under the Protection from Eviction Act 1977. It is a criminal offence. Contact the police and your local council's housing team, and seek urgent advice from Shelter. You may be entitled to damages and to be re-admitted to the property.
Can you leave before the fixed term ends?
You can only leave before the end of the fixed term without penalty if your tenancy agreement contains a break clause, your landlord agrees to an early surrender, or the landlord has breached the tenancy so seriously that you are entitled to treat it as ended. If none of these apply, you remain liable for rent until the fixed term ends or a new tenant is found. Seek advice before walking away early, as you could still owe rent.
What if you have a break clause?
A break clause allows either party to end the tenancy before the fixed term expires, usually after a minimum period such as 6 months. To exercise a break clause, you must follow the specific requirements exactly — giving the correct notice period, in the correct form, to the correct address. Even a minor error (such as giving notice one day late) can invalidate the break. Read the clause carefully and seek advice if you are unsure.

What to do next

  1. 1
    Get urgent help from Shelter if facing eviction

    Shelter's 24/7 emergency advice line: 0808 800 4444.

  2. 2
    Understand eviction notices in detail

    A full guide to Section 21 and Section 8 eviction notices.

  3. 3
    Citizens Advice on ending a tenancy

    Free guidance on giving and receiving notice.

Official bodies and resources

Shelter

Charity

A housing charity providing advice and support for people who are homeless or at risk of losing their home.

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.