How to End a Tenancy the Right Way

Most tenancies run smoothly. The rent arrives on time, the property is looked after, and everyone gets on with their lives. But there will be times when you need your property back, whether you want to sell, move in, or you have a tenant who is not holding up their end of the deal. The big thing to know in 2026 is that the rules for ending a tenancy have changed, and getting the process wrong can cost you months and a lot of money. Here is how to do it the right way.

What changed in 2026, and why it matters

On 1 May 2026, the Renters’ Rights Act came into force and reshaped how tenancies work in England. The headline change is that Section 21, the old ‘no fault’ notice that let landlords end a tenancy without giving a reason, has gone. Fixed terms have gone too. Every tenancy is now a rolling, periodic tenancy, and if you want your property back you have to rely on a specific legal ground under Section 8.

In short, there is no longer a shortcut. Every possession claim needs a valid reason behind it. One quick note on geography. This covers England, so Chester, Cheshire and Wirral. If your property is in North Wales, separate rules apply under the Renting Homes (Wales) Act 2016, so it is worth getting advice tailored to Wales.

Getting your property back to sell or move in

If you want to sell the property with vacant possession, or you or a close family member plans to move in, you now use Ground 1A for selling or Ground 1 for moving in. There are two things to plan around. First, you have to give at least four months’ notice, which is far longer than the old two months. Second, you cannot use these grounds during the first 12 months of a tenancy, and once you have used them you cannot re-market or re-let the property for 12 months afterwards.

So if selling or moving in is anywhere on the horizon, think ahead and build the timing into your plans early rather than assuming you can move quickly.

If your tenant falls behind on rent

Serious rent arrears are dealt with under Ground 8. The threshold has risen. Your tenant now needs to be at least three months in arrears, both when you serve notice and again at the court hearing, for this mandatory ground to apply. The notice period is four weeks.

It is worth pairing Ground 8 with the discretionary arrears grounds as a backup, because if the tenant pays just enough to drop below the three-month mark before the hearing, the mandatory ground can fall away. Above all, keep clear, dated rent records. They are what win or lose an arrears case.

If your tenant breaks the agreement or causes problems

Rent is not the only reason a tenancy can end. There are separate Section 8 grounds for things like breaching the tenancy terms, damage to the property, and anti-social behaviour. Notice periods vary depending on the ground, from two weeks up to four months, and in the most serious anti-social behaviour cases you can begin possession proceedings straight away.

Whatever the ground, you have to be able to evidence it. Keep records, photographs and correspondence so you can back up your case if it goes to court.

When your tenant wants to leave

Because fixed terms are gone, tenants are no longer locked in for an initial year. On a periodic tenancy, a tenant can end things by giving you at least two months’ notice at any time.

That makes early, open communication more valuable than ever. Ask your tenant about their plans in good time, so a notice does not land out of the blue and leave you with an unexpected empty period and a gap in your rental income.

Serving notice the right way

Getting the paperwork right is half the battle. Always use the current Section 8 form, Form 3, straight from GOV.UK, because using an out-of-date version can invalidate the whole notice. Check too that you have met your obligations, so deposit protected, gas safety and EPC in order, and that you are registered on the new Private Rented Sector Database, which landlords need to be on before serving notice.

Then make sure you can prove the notice was served. Hand-deliver it or use a signed-for postal service, and email a copy asking for a read receipt so there is a clear, dated record of exactly what you sent and when.

What if your tenant will not leave?

Most tenancies end without any drama. But occasionally a tenant digs their heels in, and that is where things can get slow and expensive. Before you head to court, it is well worth trying mediation. Services like the one run by the Property Redress Scheme can help you and your tenant reach an agreement and avoid a hearing altogether.

If mediation does not work, you will need a possession order from the court, and every ground now runs through the standard Section 8 process. Because there is very little room for error, many landlords bring in an eviction specialist such as Landlord Action to handle it. Yes, it is an added cost, but one mistake in the paperwork can send you back to square one, so it is usually money well spent.

Preparing for your next tenant

Once you have your property back, a little groundwork pays off. Ask your tenant to be there for the check-out so you can walk through the property together, discuss any damage and agree deposit deductions on the spot, rather than arguing about it for weeks afterwards.

And before you re-let, get a steer from your local letting agent on what is worth refreshing. A sensible bit of redecorating or a few small updates can be the difference between an average let and a strong tenant at a strong rent.

The local picture

Right now, rental demand across Chester, Cheshire, North Wales and Wirral remains healthy, and good, well-presented properties tend to let quickly to reliable tenants. That is exactly why it pays to handle the end of a tenancy calmly and correctly. Get it right and you can turn a property around smoothly and keep your rental income ticking over. Get it wrong and a botched notice can leave you tied up for months.

Here to help

The rules have changed, but the principle has not. End a tenancy properly and you protect both your property and your income. If we manage your rental, we handle all of this for you, from serving the right notice to preparing the property for its next tenant. If you self-manage and you are not sure where to start, we are always happy to talk it through.

Call the team at Currans Homes on 01244 316338 or email lettings@curranshomes.co.uk and we will point you in the right direction.