How can a landlord end a tenancy in the UK?
In an ideal world, no landlord would ever have to end a tenancy early. Unfortunately, however, we don’t live in an ideal world, and as a result, ending tenancies early is something that both landlords and tenants have to be prepared for.
Given that it happens so often and for so many reasons, there’s a lot of confusion out there when it comes to what the specific precedent needs to be in order to comply with UK law. A single Google search throws up thousands upon thousands of results, meaning that for landlords and tenants both, the topic can be overwhelming at times.
Is it easy to end a tenancy?
Many landlords make the mistake of assuming that just because they’ve got a tenant and the property, potentially ending the agreement will be easy and straightforward. In reality, while this isn’t far from the truth, these matters can unfortunately be a little more complicated than you might have allowed for.
As well as the legal details in the UK that have to be complied with, you’ll also have to take into account your tenant’s feelings, since that’s the best way to ensure as smooth a transition as possible.
Do tenancies automatically end on the date specified?
This is probably the single biggest misconception UK landlords have when they’re considering the state of affairs of the tenancy agreements they’ve signed with the tenant. Plenty of perfectly well-meaning lessors make this common mistake, which can lead to an enormous amount of stress and hassle down the line.
The ‘end date’ specified in the tenancy agreement doesn’t actually stipulate when the agreement will be terminated for good. Rather, it describes the point after which the agreement can be terminated. Notice the crucial distinction here — the agreement can be terminated after that point, but it won’t necessarily be. This means that as a landlord you can’t just tell them to leave your property once the specified end date rolls around.
The legal process of ending a tenancy
As a lessor, you have certain duties to your tenant that must be followed in order to remain compliant with UK law. The most obvious example of these duties is the obligation you have to serve the tenant with a reasonable amount of notice, as specified in the original agreement you signed with them.
However, tenants themselves have rights, and — much as we might wish things were different — not every tenant is a dream to have in your home. They can make things tricky if they decide they want to, which is why it’s so important to stay calm and keep your patience, even in the face of the most obstructive of lessees.
Mutual agreement
This is by far the most amicable way to terminate a tenancy agreement in the UK, and if possible, you should be aiming to conclude the relationship this way. A mutual agreement to terminate the contract will involve both the landlord and the tenant giving their consent to finish the tenancy. Even though this is the most painless way to go about it, it doesn’t necessarily always arise from the best circumstances.
For example, if a tenant wants to end the agreement, it’s usually best to just give in and accept their decision rather than tire yourself out in a long struggle.
This can be frustrating, but the easiest way for you to handle it as a landlord is to just immediately start looking for another tenant and assume that the lessee you’re currently working with will end up going one way or another.
Section 21
A Section 21 notice is the legal way a landlord in England can ask a tenant to leave at the end of a tenancy agreement. It’s often called a “no-fault” notice because you don’t need to give a reason. It’s simply a way of saying you want your property back once the agreed term has finished.
You must give the tenant at least two months’ written notice, and you must use the official Form 6A. This isn’t an eviction order – it’s just the first step. If the tenant doesn’t leave on the date you set, you then apply for a possession order through the court.
For a Section 21 notice to be valid, certain rules must have been followed. You must have protected the tenant’s deposit in a Government-approved scheme, given them the Gas Safety Certificate, the EPC, and the latest How to Rent guide. You also can’t use Section 21 during the first four months of the tenancy.
It’s also important to know that Section 21 may be abolished in future reforms, but as of now, it is still in use.
Tenant eviction (Section 8 Notice)
A Section 8 notice is used when a landlord wants to end a tenancy because the tenant has broken the terms of the agreement. It’s more confrontational than Section 21 and should only be used when there’s a clear breach, such as serious rent arrears or misconduct. If the case goes to court, the landlord must prove the reason for eviction.
You can use a Section 8 notice for several grounds, including :
- Rent arrears or repeated late payments
- Damage or neglect that has harmed the property
- Criminal or antisocial behaviour
- False information given to obtain the tenancy
- Breach of occupancy rules (e.g., unauthorised people living in the property)
The amount of notice you must give depends on the ground you’re using. Some grounds only require two weeks’ notice, while others require two months. The official Government form must be used, and the landlord must clearly state which legal grounds apply.
Section 8 remains fully valid in 2025 and will continue to exist even if Section 21 is abolished.
Surrender of tenancy
This is a way a tenancy agreement can be terminated at the behest of the tenant themselves. By choosing to officially begin the departure process — in legal terms, by serving the landlord with a surrender notice — the tenant is essentially voluntarily giving up the tenancy and agreeing to depart the property for good on whichever date is specified in the notice.
The tenant must provide their landlord with at least a months’ notice, although the specific amount of notice required varies depending on the precise conditions of the tenancy agreement. In order for the surrender of tenancy to comply with UK laws and regulations, the tenant must make sure that the landlord receives the tenancy notice a month before the date.
Simply sending the notice won’t suffice, and it’s the tenant’s responsibility to ensure that they’re on top of the scheduling with regards to when the landlord actually formally receives the notice. Mistakes made with the amount of notice can result in the surrender of tenancy being null and void, legally speaking.
Other clauses for terminating a tenancy agreement
There are other ways a tenancy agreement can be terminated, known as break clauses. These will have been specified in the original tenancy agreement. The best way to think of a break clause is as a mutually-agreed point in time at which the landlord and tenant will agree to discuss the future of the agreement.
For example, one common way these break clauses are included in the paperwork is at a point halfway through the total duration, i.e. one year into a two-year agreement. For the break to be official, a Section 21 notice and a surrender notice must both be served with at least two months’ notice.
Best-practice tips to follow
In order to make sure everything goes as well as possible, keep a couple of these tips in mind:
- Be reasonable and fair
- Keep careful track of all paperwork
- Be on top of timing
- Remember that notices alone won’t end the tenancy
FAQs
Is it easy for a landlord to end a tenancy early?
Not always. Even if a tenant is causing issues, you must follow the legal process. This includes giving proper notice and using the correct form. It’s also important to handle the situation calmly and professionally to avoid unnecessary conflict or delays.
Does a tenancy automatically end on the fixed-term end date?
No. The end date simply marks the point when the tenancy can be ended, not when it will. A landlord cannot ask the tenant to leave on that date without serving proper notice. Many tenancies continue automatically on a rolling (periodic) basis unless action is taken.
What legal options do landlords have to end a tenancy?
You can end a tenancy by mutual agreement, or by serving a Section 21 notice (no-fault) or a Section 8 notice (when the tenant has breached the agreement). Each option has specific notice periods and rules. Notices do not end the tenancy by themselves—you may need a court order if the tenant refuses to leave.
Evict a tenant : things to remember
- A tenancy does not end automatically on the fixed-term date : The date in the agreement only marks when the tenancy may be ended, not when it will. A landlord cannot simply ask a tenant to leave on that date. Proper notice must always be served, and many tenancies continue on a periodic basis unless one party formally ends it.
- There are only a few legal ways to end a tenancy : A tenancy can end by mutual agreement, Section 21 (no-fault), Section 8 (tenant breach), a break clause, or surrender by the tenant. Each method has specific notice rules and legal conditions. Using the wrong method—or serving a notice incorrectly—can invalidate the whole process.
- Section 21 and Section 8 follow different rules : Section 21 is a no-fault notice requiring at least two months’ notice and full compliance with safety and deposit rules. Section 8 is used for breaches like rent arrears or damage and requires the landlord to prove the grounds in court. Both notices start the process but do not end the tenancy on their own.
- Mutual agreement is always the easiest option : If possible, ending a tenancy by mutual consent avoids stress, legal complications, and delays. It requires both sides to agree to a final date. It’s often the best route when either party wants to leave early and can be handled quickly with signed written confirmation.
- Notices alone do not remove a tenant : Serving a notice—Section 21, Section 8, or surrender—does not end the tenancy automatically. If the tenant refuses to leave, the landlord must apply for a possession order, and, if needed, bailiffs. Staying organised with dates, documents, and communication helps prevent disputes later.
