New rules to give tenants notice

I have one property on a one year lease which I believe I now have to give them 4 months notice on their contract date for them to move out (I am selling). Therefore they moved in 20 August 2025 so I have to give notice 20th April.

A second property is on a rolling monthly tenancy & I believe that I can still give 2 months notice, again on the contract date (ie not on the 1st of the month but the date the original contract started). I am moving back in to prepare for sale.

Can another landlord who knows the new regulations (I am currently not living in the UK) please confirm these details?

Thanks

@Kaye1

before 1 may 2026 the same rules as before apply to your tenancies on this so you don’t need to use new rules. You can still serve a valid s21 no fault eviction with just over 2 months before 1 may. If the tenants don’t then move out , for valid notices served before 1 May, landlords must initiate court proceedings by the earlier of six months from service or 31 July 2026.

From 1 may new rules apply. Extract from goodlord blog on timings below - in both your cases it’s 4 months as you would be using 1 or 1A. In both cases Tenancy must have existed 12+ months before relevant date (when notice expires).

“Key Aspects of Ground 1A (Sale of Property):
Trigger: The landlord must genuinely intend to sell the dwelling house.
Notice Period: A minimum of four months’ notice is required.
Timing Restrictions: The notice cannot expire within the first 12 months of the tenancy, meaning it can only be served after the tenancy has been active for at least 8 months.
Evidence: Landlords will likely need to provide proof of the intent to sell, such as a contract with an estate agent”

Good luck


What is a Section 8 Notice? (And how to serve one)

The Renters’ Rights Act will be introduced in phases, rather than taking effect all at once. Changes affecting Section 21 will be implemented as part of Phase 1, which will come into force on 1 May, 2026.

From this point, Assured Periodic Tenancies (APTs) will replace Assured Shorthold Tenancies (ASTs) as the default. As a result, every eviction will require a valid legal ground, rather than relying on no-fault possession.

What grounds can be used for a Section 8 notice?
With Section 21 out of the picture, the Renter’s Rights Act introduces several new and amended Section 8 grounds to cover situations previously dealt with under no-fault evictions.

Under Section 8, there are 18 grounds for possession, divided into mandatory and discretionary categories. When acting on behalf of landlords, letting agents must provide evidence for the grounds they cite, and notice periods will vary depending on the situation.

Landlords can issue a Section 8 notice at any point during a tenancy unless the grounds specifically state otherwise. The ground requiring the longest notice period applies if multiple grounds are mentioned.

Mandatory grounds
Grounds 1 to 8 are mandatory and are used in cases of serious breaches or misconduct. This means that if a mandatory ground is proven, the court must grant a possession order to the landlord. The notice periods for these grounds can range from two weeks to four months.

These grounds are:

Ground 1 (Amended) - If the landlord or a family member wishes to move into the property, this can only be done after the tenancy has exceeded 12 months. Notice: 4 months.
Ground 1A (New) - If the landlord intends to sell the property, this can only be used after the tenancy has exceeded 12 months. Notice: 4 months.
Ground 2 - If the mortgage provider wishes to repossess the property. Notice: 4 months.
Ground 2ZA - 2ZD (New) - If the leasehold has ended and the landlord does not own the freehold. Notice: 4 months.
Ground 4 - If a property was let to a student by an educational institute for a fixed term of 12 months. Notice: 2 weeks.
Ground 4A (New) - For student landlords not affiliated with an educational institution who need the property for new student tenants before the academic year starts. Notice: 4 months.
Ground 5 - If a religious organisation owns the property and needs a minister of religion to live in it. Notice: 2 months.
Ground 6 - If a landlord wishes to demolish or redevelop the rented property to the extent that the tenant cannot live there. Notice: 4 months.
Ground 6A (New) - If the landlord needs possession to comply with an enforcement action. Notice: 4 months.
Ground 7 - If a tenant has passed away, but this cannot be used if a surviving spouse is living on the property. Notice: 2 months.
Ground 7a - If the tenant has committed “serious anti-social behaviour.” Notice: Immediate.
Ground 7b - If the tenant does not have a right to rent in the property. Notice: 2 weeks.
Ground 8 (Amended) - ​​If the tenant is at least three months in arrears (or 13 weeks if rent is paid weekly or fortnightly). Notice: 4 weeks.
Discretionary grounds
Grounds 9 to 17 are discretionary and are often used in cases involving minor breaches or tenant misconduct. This means, even if a landlord has proven that the ground applies, the court decides whether it’s reasonable to evict the tenant.

Discretionary grounds include:

Ground 9 - If a landlord has provided accommodation that is like-for-like for the current tenancy. Notice: 2 months.
Ground 10 - If the tenant is in rent arrears but is less than ground 8. Notice: 4 weeks.
Ground 11 - If the tenant is constantly late in paying rent, but is not in rent arrears. Notice: 4 weeks.
Ground 12 - If the tenant has breached the tenancy agreement, excluding rent payments. Notice: 2 weeks.
Ground 13 - If the tenant has deteriorated or neglected the landlord’s property. Notice: 2 weeks.
Ground 14 - If the tenant is a nuisance or annoyance to neighbours, or is using the property for illegal or immoral activity. Notice: Immediate.
Ground 14A (New) - Social landlords can evict a domestic violence perpetrator if the victim has fled. Notice: 2 Âłweeks.
Ground 14ZA (New) - If the tenant or adult at the property has been convicted of an indictable offence during a UK riot. Notice: 2 weeks.
Ground 15 - If the tenant caused damage to furniture provided by the landlord. Notice: 2 weeks.
Ground 17 - If the tenant was given the tenancy with a “false statement.” Notice: 2 weeks.
Ground 18 (New) - The tenancy is for supported accommodation, and the tenant refuses to engage in support. Notice: 4 weeks.

Discretionary grounds
Grounds 9 to 17 are discretionary and are often used in cases involving minor breaches or tenant misconduct. This means, even if a landlord has proven that the ground applies, the court decides whether it’s reasonable to evict the tenant.

Discretionary grounds include:

Ground 9 - If a landlord has provided accommodation that is like-for-like for the current tenancy. Notice: 2 months.
Ground 10 - If the tenant is in rent arrears but is less than ground 8. Notice: 4 weeks.
Ground 11 - If the tenant is constantly late in paying rent, but is not in rent arrears. Notice: 4 weeks.
Ground 12 - If the tenant has breached the tenancy agreement, excluding rent payments. Notice: 2 weeks.
Ground 13 - If the tenant has deteriorated or neglected the landlord’s property. Notice: 2 weeks.
Ground 14 - If the tenant is a nuisance or annoyance to neighbours, or is using the property for illegal or immoral activity. Notice: Immediate.
Ground 14A (New) - Social landlords can evict a domestic violence perpetrator if the victim has fled. Notice: 2 weeks.
Ground 14ZA (New) - If the tenant or adult at the property has been convicted of an indictable offence during a UK riot. Notice: 2 weeks.
Ground 15 - If the tenant caused damage to furniture provided by the landlord. Notice: 2 weeks.
Ground 17 - If the tenant was given the tenancy with a “false statement.” Notice: 2 weeks.
Ground 18 (New) - The tenancy is for supported accommodation, and the tenant refuses to engage in support. Notice: 4 weeks

@Kaye1

The Renters Rights Act comes in on 1st May.

The existing rules apply up to 30th April. Assuming you have an Openrent contract with a break clause you can serve a section 21 notice from month 4 to expire after month 6. There are transitional rules that allow you to seek court proceedings for a section 21 up to 31st July as long as the notice was served before 1st May.

Consider using an eviction specialist or solicitor that specialises in housing law to ensure your section 21 doesn’t fail on a minor technicality. If this happens you will be out of time to re-serve another section 21. You would be forced to use a section 8 under the new system .

Good luck

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Do you mean that you are moving back in to a property that is tenanted? That would be unlawful unless they have a tenancy on only part of the property or they invite you in as a guest. You would be opening yourself up to harassment and illegal eviction claims.

@David122 I think they mean, that once the tenant is evicted, they plan to move back in, in order to prepare the property to be sold

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Yes I agree that’s likely, but I thought it was worth checking as the consequences could be severe.

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