Ending a tenancy without a court order
Introduction
Where residential accommodation is let on an assured shorthold tenancy (or a non-shorthold assured tenancy), legally the landlord can only end the tenancy by obtaining a court order for possession. Typically, this is done for assured shorthold tenancy by serving a Section 21 notice and then seeking a court order once this notice runs out. Alternatively, the landlord may serve a Section 8 notice and apply for a court order based on a specific ground.
In reality however, the majority of tenancies end without a court order. Most tenancies are ended through the tenant's choice to end the tenancy agreement. In these cases, the landlord needs to be sure that the tenancy has come to an end to ensure that the tenant has no further rights to occupy the property. The landlord is then free to relet the property or sell it, if that is what is proposed.
In this guidance we explain the different ways in which the tenant can bring the tenancy to an end because usually the landlord has to rely on the tenant to end the tenancy, if the landlord wishes to avoid having to go to court to bring the tenancy to end. All of this is linked with abandonment where a tenant moves out leaving the property vacant.
Renters’ Rights Bill
The Renters' Rights Bill is expected to come into force in summer 2025, making the most significant changes to the private rented sector in over 30 years.
Amongst other things, the Bill will -
• Abolish Section 21;
• Change the type of tenancy you can offer;
• Introduce a new Decent Homes Standard to the PRS;
• Change advertising practices; and
• Significantly strengthen local authority enforcement powers.
The advice and resources on this page will be outdated once the Bill comes into force. The NRLA is currently preparing a suite of replacement guides and documents to help you manage the transition smoothly.
For further information on the passage of the Bill and its details, please see our dedicated campaigns hub
The rest of this guide covers how a tenant can end a tenancy, unlawful eviction, available options when a tenant has abandoned the property, the legal status of abandonment notices, implied surrender and the landlord's obligations around surrender in the fixed term.
