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 June 2015 - Comments: 333
1:44 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Darren Peters at 10/12/2025 – 13:22
It has always been the case after a tenancy rolls onto a periodic basis but not during the initial fixed term. It’s the abolition of the initial fixed term that is the problem, especially for students. Students need certainty for the academic year.
In a lot of respects I prefer individual tenancies but for some inexplicable reason some mortgage lenders prefer joint tenancies. Moving forward it will be interesting to see how joint tenancies navigate these changes.
Member Since April 2024 - Comments: 3
2:00 PM, 10th December 2025, About 5 months ago
Hi all. Might be my first comment. Not sure.
Notice to coincide with a rent payment period has always been the case. I explain this to Ts in my HMO and its in the AST. I DO rely on this but explain that rent will be rebated if i get someone in sooner. I advertise straight away.
So now Ts do have a problem as explained in this chain and will have considerably longer periods having to pay double rent! Good on you government for protecting tenants interests!
The problem for me though is whether the T will even pay the final months rent or will just f**k off! Theyve already got a landlord ref for the new place by then!
Upshot for me is that it is the full maximum deposit i am entitled to insist on (possibly spilt between first 2 months of tenure) when i have previously charged low deposits…good on you government for protecting tenants interests!
I dont know what else i can do to protect myself against this, which, come on WILL be exploited by the outgoing tenant. I guess i could say, sorry no reference until final rent payment in the bank bur frankly i dont want to be pushed into negative relationships with my guys by the governments short sightedness. It alao doesnt help if the Ts next move is back to Mum and Dad.
Any thoughts on how we can protect ourselves against this?
Member Since August 2016 - Comments: 1190
2:42 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Vanessa Shenton at 14:00
Personally I always allow the tenant to give me just one months notice and not tied to a rent payment date. Just can’t see why a rent payment date is relevant. Just a straight month is fine by me. For example, give me notice today 10th December to leave 10th January. I can’t really do much until the tenant leaves anyway and I’ve tied up a bit. Never had a problem with tenants doing this they appreciate it. (And the new market rent is always much higher so I’m quite keen to get them out without delay and achieve higher rent).
Member Since October 2020 - Comments: 1178
4:16 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Darren Peters at 10/12/2025 – 13:22
The tenants notice ends the tenancy and the liability of anyone who leaves, therefore there is no joint and several liability after that point. The one that’s holding over is the only one liable for mesne profits.
Member Since June 2021 - Comments: 51
5:26 PM, 10th December 2025, About 5 months ago
Reply to the comment left by Judith Wordsworth at 10/12/2025 – 09:54
It depends on the wording of the tenancy agreement. The NRLA agreements end the day of the month before the start date, so a tenant has access till 11:59 pm, Openrents agreements (at least the 5 year old one I have) end on the same day of the month they start. they run from 2:01pm – 2:00pm on the start date.
Member Since December 2023 - Comments: 1590
5:35 PM, 10th December 2025, About 5 months ago
Tenants that are moving from one rental to another will not want to pay rent on two properties.
Landlords won’t want to incur Council Tax, utilities and insurance costs for an empty property.
In these circumstances, a landlord might allow a tenant to leave early if they had been great tenants and is the property was in top condition, ready to re-let.
Voids are increasingly expensive and this must be reflected in future rents.
Personally, I’d be very flexible because my plan is to sell when properties become vacant.
Next year’s 15% rent increases may help to make the properties vacant.
Member Since September 2022 - Comments: 59
12:53 AM, 11th December 2025, About 5 months ago
Reply to the comment left by Judith Wordsworth at 10/12/2025 – 09:54
One cannot argue with the unreasonable.
Member Since September 2022 - Comments: 59
12:54 AM, 11th December 2025, About 5 months ago
The government is basically saying, dear landlord, when the tenant says jump, you say, how high.
Member Since September 2022 - Comments: 59
12:58 AM, 11th December 2025, About 5 months ago
What I am interested to know is what can a landlord do if the tenant breaks the rules? For example, he doesn’t give a notice, he doesn’t pay the rent, he thrashes the place, he makes a false excusation against the tenant, doesn’t pay the bills, tells lies when they actually vacated, does not follow the tenancy agreement.
As they say in Dragon’s den, on that note, I am out.
Member Since May 2021 - Comments: 392
2:18 PM, 11th December 2025, About 5 months ago
Reply to the comment left by Judith Wordsworth at 10/12/2025 – 09:54
A masterpiece of regulations conceived from the only brain cell that exists inside Pennycrook.