Renters’ Rights Act FAQs: Ending a tenancy
A fortnight ago, we told you about creating a new tenancy in line with the changes coming in with the Renters’ Rights Act, which comes into force on 1st May. Our latest webinar focused on ending a tenancy.
With the abolition of Section 21 just weeks away, landlords need to make sure they are aware of the new and updated section 8 grounds and the circumstances in which they can use them.
Hundreds of you joined our webinar – here are some of the most common questions that cropped up.
Remember, if you missed the webinar, you can click here to watch it back.
Your FAQs
Q: If I want to get buildings works done, can I repossess my property after 1st May this year ?
A: Ground 6 will allow landlords to repossess when they want to complete major works on the property. This can only be after six months of the tenancy has passed and four months’ notice must be given. You must establish the works cannot be carried out whilst the tenant remains in the property and there isn’t an alternative solution other than repossession.
Q: Is there a minimum time after moving in that tenants can give notice? Can they serve notice to leave within four months of the tenancy starting?
A: Yes. Tenants can give their two months’ notice from day one of the tenancy under the Renters' Rights Act.
Q: If I serve a Section 21 today, do I have to wait 12 months to rent my property out again?
A: No, if you served a valid Section 21 notice today, you would not have to wait 12 months to rent the property out again. The restricted period of 12 months to re-let a property only applies to grounds 1 and 1A under section 8. If you served a section 21 now, you should make sure you apply to court before 31st July 2026. See our Renters’ Rights Hub for all the relevant deadlines.
Q: If a current Assured Shorthold Tenancy (AST) has a one-month notice period. When this becomes an Assured Periodic Tenancy (APT) under the act, is the one month notice still applicable, or does this automatically change to a two-month notice?
A: Your tenancy will transition into the new APT regime, and the tenant will retain the already agreed notice period in the existing contract – which is likely to mean they should serve a one-month notice. On any new tenancies created after the Renters’ Rights Act, the statutory minimum will require tenants to serve two-months’ notice. You can read more about this on our Renters' Rights Hub here.
Q: Can I advise my tenant verbally that I plan to sell in the near future, to give them plenty of time to look for a new rental home? Or can I only serve a written Section 8?
A: Verbally telling a tenant in an informal conversation is still allowed and can often help your tenant make plans. However, you will still have to give four months’ notice once the section eight is served. There is also the option to sell with your tenants in situ.
Q: How many months in arrears does a tenant have to have built up for a landlord to serve a Section 8 notice for possession, and what happens if they pay up before the court date?
A: To serve notice for rent arrears under the Renters' Rights Act the tenant must be in at least three months of arrears. If the tenant pays off some, or all, of the arrears before the court hearing, taking the figure below the three-month threshold, the mandatory ground for possession will no longer apply. You should also be aware that any arrears caused solely due to a delay in the tenant receiving their Universal Credit payment will not be counted as arrears for this ground.
Q: Can I use ground 4a for the students in a mixed-use house professionals and students if they all have individual tenancy agreements?
A: In a mixed-use house with both professionals and students, ground 4a cannot be used, and this applies whether the property is let by the room or let on one joint agreement. To pass the student test for ground 4a, the property must be occupied only by full-time students.
Join our next webinar
Our next webinar next Thursday will discuss new anti-discrimination rules, advertising, and tenant selection.
The presentation will be followed by a live Q&A with the session running from 11am – 12pm.
To register click here, and if you’d like to submit any questions in advance, please email [email protected]
More information
- To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.
- Read more about the new rules on the prevention of discrimination, advertising and tenant selection here.
- We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.
- The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.
