Landlord Notice Periods Under the Renters' Rights Act: When Can You Serve Notice?

The Renters' Rights Act has fundamentally changed how landlords regain possession of their properties. With the abolition of Section 21 'no-fault' evictions, landlords must now rely on specific legal grounds for possession, each with its own eligibility criteria and notice period.

Understanding when you can serve notice and how much notice you must give is essential to ensure the process is legally compliant.

Selling Your Property

If you genuinely intend to sell your property, you can seek possession using the new mandatory ground for sale. You must give the tenant 4 months' notice which cannot expire within 12 months of the tenancy start date.

If the tenant does not leave by the expiry of the notice, you will need to apply to the court for a possession order.

This ground is designed to prevent landlords from repeatedly ending tenancies simply to re-let at a higher rent. After recovering possession using the sale ground, landlords are restricted from re-letting the property for a prescribed period.

Moving Into the Property

If you or a close family member genuinely intend to live in the property as your main home, you may use the owner occupation ground.

The same restrictions generally apply:

• The tenancy must have existed for at least 12 months.

• The tenant must receive 4 months' notice.

  
  

Evidence may be required if possession is challenged.

Rent Arrears

Persistent or serious rent arrears remain one of the main grounds for possession.

The Act distinguishes between different levels of arrears.

• Serious Rent Arrears

If the tenant owes at least three months' rent (the threshold increased from the previous two months), landlords can seek possession. The tenant must receive 4 weeks' notice before court proceedings can begin.

The court will consider whether the statutory requirements are met at the relevant dates before granting possession.

• Persistent Late Payment

A separate ground exists where a tenant has repeatedly paid rent late, even if they have reduced the arrears before the hearing.

This is intended to help landlords dealing with tenants who regularly pay late but avoid mandatory possession by making last-minute payments.

The court will consider the tenant's payment history when deciding whether possession is reasonable.

Anti-social Behaviour

Where tenants engage in anti-social or criminal behaviour, landlords can act much more quickly.

Depending on the seriousness of the behaviour, notice may be served immediately or with a very short notice period.

Evidence such as police reports, witness statements or complaints from neighbours will often be required.

Breach of Tenancy

If a tenant breaches other terms of the tenancy agreement e.g. causing damage, keeping unauthorised pets (where permission has been reasonably refused), or other contractual breaches, a landlord may rely on the relevant possession ground.

The notice period varies depending on the specific ground and whether the court considers it reasonable to grant possession.

Redevelopment or Major Works

Where substantial redevelopment or major works cannot reasonably be carried out while the tenant remains in occupation, landlords may be able to rely on the redevelopment ground.

Specific criteria must be met, and evidence of the planned works will normally be required.

Landlords should ensure they have complied with all other legal obligations before seeking possession, including maintaining the property, protecting deposits where applicable, and following the correct statutory procedures.

Summary of Common Notice Periods

Reason for Possession	Earliest Notice Can Be Served	Notice Period
Selling the property	After first 8 months of tenancy to expire at 12 months	4 months
Landlord or close family moving in	After first 8 months of tenancy to expires at 12 month	4 months
Serious rent arrears (3 months or more)	Once the statutory threshold is met	4 weeks
Persistent late payment	When statutory criteria are met	4 weeks
Anti-social behaviour	Depends on circumstances	Immediate or short notice in serious cases
Breach of tenancy	Depends on the ground	Varies

Need Help Navigating the New Rules?

The Renters' Rights Act introduces significant changes for landlords, and keeping up with new notice periods, possession grounds and legal requirements can feel overwhelming. The good news is that it doesn't have to be. By using an experienced letting agent, you can have peace of mind that notices are served correctly, compliance deadlines are met and your tenancy is managed in line with the latest legislation. With expert support, you can focus on your investment while your agent takes care of the ever-changing regulatory landscape.