How to End a Tenancy Legally in 2026: Updated Guide for Tenants and Landlords After the Renters’ Rights Act

Published: 16 June 2025
Fully updated: 11 June 2026
Category: Legal Updates

Ending a tenancy legally has changed significantly since the Renters’ Rights Act came into force. From 1 May 2026, most existing assured shorthold tenancies became assured periodic tenancies, new private tenancies are generally assured periodic, and Section 21 no-fault eviction is no longer available for most private rented tenancies in England.

That means both tenants and landlords need to understand the updated rules before giving notice, relying on an old tenancy agreement, serving possession papers or leaving a property.

This guide explains the updated position for 2026, including how tenants can end a tenancy, how landlords must now seek possession, what happens to older notices, and what records should be checked before either side takes action.

Why Ending a Tenancy Correctly Matters

Ending a tenancy is not just an informal arrangement. It can affect rent liability, possession rights, deposit return, court proceedings, references, compliance records and potential claims.

If a tenant leaves without giving valid notice, they may remain liable for rent during the correct notice period. If a landlord attempts to remove a tenant without the correct legal process, they may risk unlawful eviction allegations, court delays, financial penalties or legal costs.

The Renters’ Rights Act has made this even more important. Old assumptions about fixed terms, Section 21 notices and assured shorthold tenancies may no longer apply in the same way.

The Key 2026 Position

For most private rented homes in England:

• most existing assured shorthold tenancies became assured periodic tenancies on 1 May 2026
• new assured tenancies are generally periodic rather than fixed term
• assured tenancies no longer have a fixed end date in the old way
• tenants can normally end an assured periodic tenancy by giving proper written notice
• landlords can no longer rely on Section 21 no-fault eviction for new possession notices
• landlords must use valid Section 8 possession grounds where they need to recover possession
• court enforcement is still required if a tenant does not leave after a valid possession process
• old notices served before 1 May 2026 may need separate legal review

Tenants: How to End Your Tenancy in 2026

If you are a tenant under an assured periodic tenancy, you can usually end your tenancy by giving written notice.

In most cases, your notice should be:

• in writing, such as by letter, email or text
• at least 2 months’ notice
• given on the day rent is due or the day before rent is due
• clear about the property address and the date you intend the tenancy to end

You should continue paying rent during the notice period unless your landlord agrees otherwise in writing.

You and your landlord can agree to end the tenancy earlier. This is usually called a surrender. If you agree an early end date, make sure it is confirmed clearly in writing, including the date the tenancy ends, what rent is due, how keys will be returned and how the deposit will be dealt with.

Tenant Notice Checklist

Before giving notice, tenants should:

1. Check what type of tenancy they now have.
2. Confirm the rent payment date.
3. Give notice in writing.
4. Keep proof that the notice was sent.
5. Ask the landlord or agent to confirm receipt.
6. Keep paying rent during the notice period.
7. Arrange check-out, keys and meter readings.
8. Take dated photos before leaving.
9. Request confirmation of the deposit return process.
10. Keep all messages and documents until the deposit is resolved.

Example Tenant Notice Wording

Tenants should keep notice simple and clear.

Example:

Subject: Notice to End Tenancy at [Property Address]

Dear [Landlord/Agent Name],

I am giving notice to end my tenancy at [full property address].

My notice is given in writing and I understand that my notice period is 2 months. I intend the tenancy to end on [date].

Please confirm receipt of this notice and let me know the arrangements for check-out, key return, final meter readings and deposit return.

Kind regards,
[Name]

This is only example wording. Tenants should check their own circumstances before sending notice, especially if there is a dispute, rent arrears, a break clause issue or uncertainty about the tenancy type.

Landlords: Ending a Tenancy in 2026

Landlords can no longer use Section 21 no-fault eviction for possession notices served after 1 May 2026.

If a landlord wants to recover possession of a privately rented property, they must usually use the Section 8 process and rely on one or more valid possession grounds.

Examples of possible grounds may include:

• rent arrears
• anti-social behaviour
• breach of tenancy
• landlord intending to sell
• landlord or close family intending to move into the property
• other statutory grounds under the updated possession framework

The correct ground, notice period and evidence will depend on the facts. Some grounds require longer notice than others. Some may not be available during the early part of a tenancy. Landlords should check the current possession guidance before serving notice.

Landlord Possession Checklist

Before serving notice, landlords should check:

1. The tenancy type and start date.
2. Whether the tenancy is now an assured periodic tenancy.
3. The exact possession ground being relied on.
4. The required notice period for that ground.
5. Whether the correct prescribed form is being used.
6. Whether the evidence supports the ground.
7. Whether rent records, inspection records and communications are complete.
8. Whether deposit protection and prescribed information were correctly handled.
9. Whether gas safety, EPC, electrical safety and other compliance records are up to date.
10. Whether legal advice is needed before serving notice.

Serving the wrong notice, using the wrong form or relying on weak evidence can cause delay, dismissal of a claim, extra cost and avoidable dispute.

What Happened to Section 21?

Section 21 was previously used by landlords to seek possession without proving tenant fault, provided the legal conditions were met.

That has now changed. For new notices after 1 May 2026, Section 21 is no longer available for most private assured tenancies in England. Landlords must now use the possession grounds available under the updated Section 8 framework.

If a Section 21 or Section 8 notice was served before 1 May 2026, it may fall under transitional rules. These cases should be reviewed carefully because older notices, existing court claims and legacy proceedings may be treated differently from new notices served after the reforms.

Legacy Notices Served Before 1 May 2026

Some landlords and tenants may still be dealing with notices served before the Renters’ Rights Act changes came into force.

This may include:

• Section 21 notices served before 1 May 2026
• Section 8 notices served before 1 May 2026
• possession claims already started before 1 May 2026
• court proceedings that were already underway
• notices that have expired or become invalid
• tenancies where the written agreement has not been updated

These situations should not be handled using generic template advice. The date of the notice, the date proceedings started, the ground relied on, and whether the notice was valid at the time all matter.

If you are dealing with a legacy notice, seek legal guidance before assuming it is valid or invalid.

Ending a Tenancy Early

Tenants and landlords can agree to end a tenancy early. This is usually done by mutual agreement, often called surrender.

An early surrender should be recorded in writing and should cover:

• the agreed end date
• final rent liability
• key return
• property condition
• meter readings
• forwarding address
• deposit return
• any agreed deductions
• whether any claim or dispute remains unresolved

A landlord should not pressure a tenant to leave without proper process. A tenant should not assume they can simply leave without notice unless the landlord has clearly agreed in writing.

What If a Tenant Does Not Leave?

If a tenant does not leave after a landlord has served a valid possession notice, the landlord must apply to court for a possession order.

A landlord cannot lawfully remove the tenant, change the locks, cut off services or force the tenant out without the correct legal process.

The usual route is:

1. Serve a valid notice using the correct form and possession ground.
2. Wait for the required notice period to expire.
3. Apply to court for possession if the tenant has not left.
4. Attend a possession hearing if required.
5. Obtain a possession order if the court grants one.
6. Use lawful enforcement if the tenant still does not leave.

Enforcement must be carried out through the proper court process. Attempting to bypass the court can amount to unlawful eviction.

Tenant Check-Out Checklist

Before leaving, tenants should:

• clean the property to a reasonable standard
• remove belongings and rubbish
• take dated photos of every room
• photograph appliances, floors, walls, bathrooms and kitchen areas
• take final meter readings
• return all keys as agreed
• request a check-out report
• provide a forwarding address
• ask for deposit return details
• keep copies of all communications

This can help reduce deposit disputes and provide evidence if the landlord later claims damage, cleaning costs or missing items.

Landlord Check-Out Checklist

Before making deductions, landlords should:

• compare the check-in inventory with the check-out report
• separate fair wear and tear from tenant damage
• keep dated photos
• obtain invoices or quotes where deductions are proposed
• explain each deduction clearly
• avoid betterment, such as charging a tenant for a brand-new replacement where an older item had already depreciated
• return any undisputed deposit amount promptly
• use the relevant deposit scheme dispute process if agreement cannot be reached

A deposit deduction should be evidence-led, reasonable and clearly connected to the tenancy.

Deposit Protection and Ending a Tenancy

Deposit protection remains important when a tenancy ends.

Landlords and agents must protect a tenancy deposit in an approved scheme within the required timeframe and provide the required prescribed information. At the end of the tenancy, if the landlord and tenant agree how much should be returned, the deposit should be returned through the scheme process.

If there is a dispute, the deposit normally remains protected while the dispute is resolved.

Tenants should check:

• which scheme protects the deposit
• whether prescribed information was provided
• whether the deduction schedule is clear
• whether evidence supports each deduction
• whether the scheme’s dispute deadline applies

Landlords should make sure they have a proper tenancy file, inventory, check-out report and evidence for any deduction.

Common Mistakes to Avoid

Tenants should avoid:

• leaving without giving written notice
• assuming old fixed-term wording still controls the position
• failing to keep proof of notice
• ignoring rent due during the notice period
• leaving without photos or meter readings
• agreeing deposit deductions without seeing evidence

Landlords should avoid:

• using old Section 21 wording for new possession cases
• serving notice without checking the correct ground
• relying on outdated tenancy templates
• starting possession action without evidence
• changing locks or attempting informal eviction
• making deposit deductions without proof
• assuming a legacy notice is automatically valid

Downloadable and Useful TLA Resources

Recommended updated resources:

• RRA 2026 Compliance Pack
• RRA Compliance Checker
• Tenant Notice to End Tenancy
• Landlord Possession Evidence Checklist
• Section 8 Possession Guidance
• Deposit Return Checklist
• Check-Out Evidence Checklist
• Tenant Compliance Pack
• Legal Support Hub
• Tenant SOS Hub
• Landlord SOS Hub

Where a formal notice or possession claim is involved, legal review is recommended before relying on a template.

Frequently Asked Questions

Can a landlord still use Section 21 in 2026?

For new possession notices after 1 May 2026, landlords can no longer use Section 21 for most private assured tenancies in England. They must use the relevant possession grounds under the Section 8 framework.

Older notices served before 1 May 2026 may need separate review under transitional rules.

How much notice does a tenant need to give?

For most assured periodic tenancies after 1 May 2026, tenants generally need to give 2 months’ notice in writing. The notice should usually be given on the day rent is due or the day before rent is due. Tenants and landlords can agree in writing to a shorter notice period.

Can a tenant leave earlier if the landlord agrees?

Yes. A landlord and tenant can agree to end the tenancy earlier. This should be recorded in writing so both sides know the agreed end date, rent position, key return process and deposit arrangements.

What if the tenant refuses to leave after notice?

A landlord must apply to court for a possession order if the tenant does not leave after a valid possession notice. A landlord cannot lawfully remove a tenant without the proper court process.

Can a landlord change the locks once notice has expired?

No. A landlord should not change the locks or remove a tenant without lawful enforcement. Notice ending or expiring does not, by itself, allow a landlord to physically remove the tenant.

What if a Section 21 notice was served before 1 May 2026?

That may be a legacy case. The date the notice was served, whether it was valid, whether court proceedings started, and whether the notice has expired all matter. These cases should be checked carefully before either side relies on the notice.

Does a tenant need a new tenancy agreement after the Renters’ Rights Act?

Not necessarily. Many existing written agreements continued, but the tenancy operates under the new legal framework where the Act overrides inconsistent fixed-term or Section 21 wording. Landlords may need to provide official information and should update future documents.

Can a landlord end a tenancy because they want to sell?

There are possession grounds that may apply where a landlord intends to sell, but the landlord must use the correct legal process, give the correct notice and provide evidence. Some grounds may not be available during the early period of a tenancy.

What happens to the deposit when the tenancy ends?

If both sides agree, the deposit should be returned through the deposit scheme process. If there is a dispute, the scheme may hold the disputed amount while the dispute is resolved. Both sides should provide evidence for their position.

Where can I get help?

Tenants can use the Tenant SOS Hub for support with notices, deposits, repairs, harassment or unlawful eviction concerns. Landlords can use the Landlord SOS Hub or Book Legal Advice page for possession, compliance, deposit or notice issues.

Need Help Ending a Tenancy?

If you are unsure whether a notice is valid, whether a tenant can leave, whether a landlord can recover possession, or whether a legacy Section 21 notice still applies, get the position checked before taking action.

Use TLA’s support routes:

• RRA Compliance Checker
• Tenant SOS Hub
• Landlord SOS Hub
• Book Legal Advice
• Submit Documents for Review

Ending a tenancy properly protects both sides. The safest approach is to check the tenancy type, use the correct process, keep everything in writing and avoid relying on outdated pre-Renters’ Rights Act assumptions.

Editorial / Legal Disclaimer

This guide is for general information and practical guidance only. It does not constitute formal legal advice and should not be relied on as a substitute for advice from a qualified legal professional. Tenancy law and possession rules are fact-sensitive. Always check the latest official guidance and seek legal advice before serving notices, issuing proceedings, enforcing possession or relying on a legacy notice.