Landlord Advice UK Tenant Eviction Service For Landlords

Assured Periodic Tenancy

All Assured Shorthold Tenancies (AST’s) automatically become Assured Periodic Tenancies on 01 May 2026 under the Renters Rights Act 2025. The Assured Periodic Tenancy replaces the former AST regime and along with the end fixed term tenancies was also the end of the Section 21 Notice.

This guide outlines the key methods for evicting tenants in England under an APT.

What is an Assured Shorthold Tenancy?

An AST is a common type of tenancy agreement in England that provides tenants with limited security of tenure. Landlords have the legal right to reclaim possession of their property at the end of the tenancy, even if the tenant has not breached any terms.

Note: In Wales, ASTs were replaced by Standard Occupation Contracts on 1 December 2022. This guidance applies to England only.

Section 21 Notice

A Section 21 Notice under the Housing Act 1988 was abolished as of 01 May 2026 following substantive changes under the Renters Rights Act 2025. 

New grounds for possession were created, such as where the landlord requires vacant possession of the let property sell it, or where the landlord or an immediate member of the landlord family requires to the property to move into, amongst other new grounds and changes to existing grounds under Schedule 2 of the Housing Act 1988.

Section 8 Notice

A Section 8 Notice is used when the tenant has breached the terms of the tenancy. This notice relies on specific grounds for possession as outlined in Schedule 2 of the Housing Act 1988.

Common Grounds for Possession Under Section 8

• Rent Arrears: Failure to pay rent for a specified period.
• Late Rent Payments: Persistent delays in paying rent.
• Anti-Social Behaviour: Includes illegal or immoral activity, or nuisance to neighbours.
• Serious Offences: The tenant or a household member has been convicted of a serious offence in or near the property.
• Breach of Tenancy Terms: Other than rent-related breaches.
• Property Damage: Causing significant damage to the property or furnishings.
• False Information: The tenant knowingly or recklessly provided false information to secure the tenancy.

Mandatory vs. Discretionary Grounds

Mandatory Grounds:

• If proven, the court must grant possession (e.g., substantial rent arrears).

Discretionary Grounds:

• The court may grant possession if the ground is made out and it considers it reasonable to do so.

Serving a Section 8 Notice

• The notice must be served using Form 3A, the prescribed legal format for private landlords
• It must specify the ground(s) being relied upon and the required notice period:
  • 28 Days: For unpaid rent (the most common ground).
  • No Notice Period: For Ground 14 (anti-social behaviour or illegal activity).

Court Discretion for Section 8 Notices

The court has the power to dispense with the requirement to serve a Section 8 notice in certain circumstances, such as minor errors on the notice or emergency situations.

How Landlord Advice UK Can Help

Evicting a tenant under an AST requires strict adherence to legal procedures to avoid delays or penalties. Our team at Landlord Advice UK can assist with:

• Risk assessments.
• Drafting and serving valid Section 8 notices.
• Conducting compliance checks to ensure all legal requirements are met.
• Representing landlords in Court or the Tribunal.

Contact us today for expert advice and support to streamline the eviction process and protect your property rights.