Government issues guidance on court eviction process for landlords
5 months ago | 15 comments
Government sets out rules for when tenants want to leave under the Renters’ Rights Act
9:42 AM, 10th December 2025, 5 months ago
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The government has released guidance on how a landlord can end a tenancy if their tenant wants to leave.
Landlords will not be able to ask their tenant to give more than two months’ notice.
The new rules will come into effect on 1 May 2026 when the Renters’ Rights Act comes into force.
Tenant will need to pay rent during the notice period before the tenancy ends
According to the government guidance, landlords will be able to agree with their tenant to end the tenancy earlier or have a shorter notice period. This will need to be in writing. The tenant will need to give their notice:
- so the tenancy ends on a day when the rent is due or the day before the rent is due
- in writing, for example, by letter, email or text
It’s important for landlords to know that under the new rules, the landlord cannot tell the tenant what method they must use to give their notice. The tenant is free to choose any written method, such as a letter, email, or text message.
The tenant will need to pay rent during the notice period before the tenancy ends.
The government guidance also says that if the tenant has already given notice but then changes their mind and wants to stay in the property, they can only stay if the landlord agrees to this in writing. If the landlord does not agree, the tenancy will end as planned.
Joint tenancies guidance
For joint tenancies, the government also gives guidance on what landlords should do.
According to the guidance, a tenant will be able to end the joint tenancy without the agreement of the other tenants. If a joint tenant asks to give a shorter notice period, all the other joint tenants will need to agree to the shorter notice period.
If a joint tenant changes their mind and would like to stay, all the other joint tenants will also need to agree. If they do not agree, then the tenancy will need to end.
The guidance adds if some of the existing tenants want to stay, the landlord will be able to create and sign a new tenancy agreement.
Landlords will also be able to add new tenants to an existing tenancy agreement.
Property118 commercial reality check
Government rule changes often ignore the operational reality landlords face every day. The new notice requirements place yet another layer of responsibility on those already carrying the commercial risk. Serious landlords succeed by turning that pressure into structure, not stress.
What serious landlords should do next
Protect your position with clear written records. Tenants can now give notice by almost any written method, which increases the chance of ambiguity. Keep a disciplined record of every message and confirm key points back in writing to avoid misunderstandings.
Map out your tenancy timelines. Create a simple schedule of rent-due dates, expected notice windows and projected void risks. This restores predictability and helps you plan maintenance, cash flow and refinancing with confidence.
Set firm expectations for joint tenancies. Joint tenants can now terminate without unanimous agreement, which places extra risk on the landlord. Define your internal process for handling exits, replacements and new agreements to keep control of the transition.
Advantage through professionalism
Every new rule adds friction. Professionals respond by tightening process, sharpening documentation and protecting cash flow. That is how competent landlords stay resilient while others feel squeezed.
Tags:
joint tenancy rules, landlord guidance, Renters’ Rights Act, tenancy notice rules, tenant notice period
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Member Since October 2020 - Comments: 1177
12:10 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Judith Wordsworth at 10/12/2025 – 09:54
I believe that its already the case under common law that a notice to quit can end on the first or last day of a tenancy period, so I think this is just enshrining the process in statute. I assume that whatever rent they owe under the notice ghey give will just have to include all the days specified.
Member Since August 2016 - Comments: 1190
12:16 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Jo Westlake at 09:54
Yes it’s four months notice required to be given by landlord and can’t be given in the first 12 months. I’ve always understood that as this will be a Section 8 notice this has to go through the Courts and tenant does not have to leave until a possession order is granted. Otherwise this Section 8 would be just like the current Section 21 (which will is no longer available after 1st May). So tenant gets a Section 8 presumably telling them they don’t have to leave just like a Section 8 currently does with rent arrears. Tenant can stay until the Judge grants a possession order (mandatory) telling them they have to leave. And landlord evicts only on the basis they want to sell the property or move a family member in. Am I correct on all this ?
Member Since August 2016 - Comments: 1190
12:22 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Kate Mellor at 10/12/2025 – 12:07
Surely they don’t have to leave at the end of the notice period ? Otherwise this Section 8 will be exactly the same as a Section 21 which is being removed. See my previous post the matter has to go to a court as it’s a Section 8.
Member Since August 2016 - Comments: 1190
12:23 PM, 10th December 2025, About 5 months ago
I know I can be a bit thick sometimes, but far as I can see this article is completely wrong.
Member Since June 2015 - Comments: 333
12:45 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Kate Mellor at 10/12/2025 – 12:01
Surely previously the joint tenants were protected by the fixed term of the tenancy. Students would sign an 11 month tenancy agreement that gave them certainty for the entire academic year. If one of them chose to move out they would be responsible for ensuring their share of the rent was paid until the end of the fixed term. Either by themselves or a replacement tenant.
The rest of the group weren’t majorly impacted.
The RRA has turned that upside down. Now if one tenant falls out with the others, has to leave due to ill health or just wants to be malicious the whole group has a problem.
While I can see the intention of the RRA for people on individual tenancy agreements or families, it seems to leave joint tenancy groups of students incredibly vulnerable.
Member Since August 2016 - Comments: 1190
12:55 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Jo Westlake at 10/12/2025 – 12:45
That’s exactly how I see it. The problem is there’s always two sides to most things. The Government want to have their cake and eat it but instead, the cakes turned into the dog’s dinner 😂
Member Since October 2020 - Comments: 1177
1:04 PM, 10th December 2025, About 5 months ago
I think that Govt would prefer to see joint tenancies ended for use with sharers and for landlords to use room only tenancies instead.
Member Since October 2020 - Comments: 1177
1:08 PM, 10th December 2025, About 5 months ago
The article contains an error:
“Landlords should know they will not be able to give their tenants more than two months’ notice for a tenant to leave.”
What they mean is:
Landlords will not be able ask their tenant to give more than two months’ notice.
Member Since January 2016 - Comments: 473
1:22 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Paddy O’Dawes at 10/12/2025 – 10:36
This has always been the case with a joint tenancy. Any one tenant can end the joint tenancy for all the other tenants on the agreement whether they like it or not.
What would be interesting to know is whether Distress for Rent still applies. Ie. if one tenant gives notice and another tenant doesn’t leave they are all jointly and severally liable for double rent until the property is vacant.
Member Since April 2024 - Comments: 20
1:34 PM, 10th December 2025, About 5 months ago
If you have a joint tenancy and one tenant ends their side leaving the other high and dry.
How will that impact your rent protection Insurance (I’ve not had this happen, I’m a small landlord)
Would the existing tenant need to be re-credit checked on their own merit?
What if they don’t pass what’s needed, wouldn’t that invalidate you’re rent protection, what happens then?