Knowing how a landlord can legally end a tenancy in Lancashire is more important than ever in 2026. The rules changed fundamentally on 1 May 2026, when the Renters’ Rights Act 2025 came into force and abolished Section 21 “no-fault” eviction. Landlords across Lancashire now have to follow a stricter, grounds-based process – and getting it wrong can mean delays, penalties or a failed claim.
This guide by Abbey Court Solicitors explains the correct legal route under the new rules, the notice periods that apply, and the common mistakes to avoid.
The Big Change in 2026
Two changes matter most for landlords ending a tenancy:
- Section 21 has been abolished. From 1 May 2026, landlords can no longer serve a Section 21 “no-fault” notice. Serving one now is invalid, so it cannot be used to gain possession.
- Tenancies are now periodic. Fixed-term assured shorthold tenancies have been replaced by periodic assured tenancies, and existing tenancies have converted to the new system.
As a result, the only route to possession is now a Section 8 notice based on a recognised legal ground.
Understanding Tenancy Types Now
Before taking any action, identify the tenancy you are dealing with. Since 1 May 2026 almost all private tenancies in Lancashire are periodic assured tenancies. Fixed-term ASTs are no longer created, and any that were already running have either converted to periodic tenancies or will do so at the end of their fixed term.
A tenant can end a periodic tenancy by giving two months’ notice. A landlord can end it only by relying on a valid Section 8 ground.
How Can a Landlord Legally End a Tenancy in Lancashire?
The single legal route is now the Section 8 process, under the Housing Act 1988 as amended by the Renters’ Rights Act 2025. To end a tenancy you must:
- Identify a valid ground for possession that fits your situation
- Serve the correct, current notice form (the new prescribed Section 8 form)
- Give the right notice period for that ground
- Be able to prove the ground with evidence if the tenant disputes it
- Apply to the court for a possession order if the tenant does not leave
Unlike the old no-fault route, a landlord cannot simply rely on the tenancy ending – there must be a genuine, evidenced reason that the court accepts.
Common Section 8 Grounds
There are many grounds, split between mandatory and discretionary. The ones landlords rely on most include:
- Serious rent arrears (Ground 8). The tenant must owe at least three months’ rent both when notice is served and at the hearing.
- Other rent arrears (Grounds 10 and 11). For arrears below the Ground 8 threshold or persistent late payment.
- Selling the property (Ground 1A). Where the landlord intends to sell. This cannot be used in the first 12 months of the tenancy.
- Landlord or family moving in (Ground 1). Also restricted during the first 12 months of the tenancy.
- Anti-social behaviour and breach of tenancy. Including damage to the property and serious nuisance.
A 12-month protected period at the start of a tenancy prevents landlords from using the “moving in” and “selling” grounds early; rent arrears and anti-social behaviour grounds are not subject to that protected period.
Notice Periods: What Landlords Must Know
The notice period depends on the ground relied on. Key examples under the current rules:
| Ground | Minimum notice | When used |
|---|---|---|
| Ground 8 (serious arrears) | 4 weeks | Tenant owes at least 3 months’ rent |
| Grounds 10 / 11 (other arrears) | 4 weeks | Lesser or persistent arrears |
| Grounds 1 / 1A (moving in / selling) | 4 months | Landlord needs the property back; not in first 12 months |
| Ground 14 (anti-social behaviour) | Proceedings can begin immediately | Serious nuisance or criminal behaviour |
| Other grounds | Vary (commonly 2 weeks to 4 months) | Depends on the specific ground |
Using the wrong notice period, or an out-of-date form, will usually invalidate the notice and force you to start again.
Legal Requirements Before Serving Notice
Before relying on most grounds, a landlord must have met key compliance duties, or the court may refuse possession:
- Protecting the deposit in an approved scheme and serving the prescribed information
- Keeping gas safety, electrical safety (EICR) and energy performance documents up to date
- Providing the Renters’ Rights Act information sheet to tenants (existing tenants had to receive this by 31 May 2026)
- Using the correct, current legal forms
Missing any of these can invalidate the notice and delay the whole process.
Avoiding Disputes When Ending a Tenancy
Disputes are time-consuming and costly. Sensible steps include:
- Communicating clearly and early with the tenant
- Serving notice in writing with the correct form and documentation
- Keeping full records of rent payments, arrears and correspondence
- Carrying out a documented final inspection
The Role of the Tenancy Agreement
Even though tenancies are now periodic, a clear written agreement remains your strongest protection. It should set out the rent, the tenant’s obligations and how the tenancy works, consistent with the new rules. Courts rely heavily on the written terms, so the agreement should be up to date and legally sound.
What Happens If the Tenant Refuses to Leave?
If a tenant does not leave after the notice expires, you cannot remove them yourself – doing so is a criminal offence. Instead you must:
- Apply to the court for a possession order
- Obtain a court judgment based on your ground
- Instruct county court bailiffs or High Court enforcement officers if the tenant still does not leave
This is the only lawful route and it protects you from claims of unlawful eviction.
Common Mistakes Landlords Should Avoid
- Serving an old Section 21 notice. These are no longer valid and will not give you possession.
- Relying on a ground without the evidence to prove it
- Using the wrong notice period or an outdated form
- Serving a Ground 8 notice before arrears reach three months
- Failing to protect the deposit or meet safety and information requirements
Why Legal Advice Matters
The rules changed substantially in 2026 and the margin for error is small. Working with Abbey Court Solicitors helps ensure you choose the right ground, use the correct forms and notice periods, and keep the evidence a court will expect – reducing the risk of a failed or delayed claim.
Step-by-Step Summary
- Review the tenancy and confirm it is a periodic assured tenancy
- Identify the correct Section 8 ground for your situation
- Check your compliance (deposit, safety certificates, information sheet)
- Gather the evidence to support the ground
- Serve the correct, current notice with the right notice period
- Wait for the notice period to expire
- Apply to the court for a possession order if the tenant does not leave
- Enforce through bailiffs if necessary
Conclusion
Since 1 May 2026, ending a tenancy legally in Lancashire means using the Section 8 process correctly – the right ground, the right notice period and solid evidence. Section 21 is no longer available, so preparation and compliance matter more than ever.
This guide reflects the law in England as at May 2026 under the Renters’ Rights Act 2025 and is general information, not legal advice. For advice on a specific tenancy, contact Abbey Court Solicitors.
FAQs
1. How can a landlord legally end a tenancy in Lancashire now?
By serving a valid Section 8 notice based on a recognised ground, giving the correct notice period, and obtaining a court possession order if the tenant does not leave. Section 21 no-fault eviction is no longer available.
2. Can a landlord still use Section 21?
No. Section 21 was abolished on 1 May 2026. Serving one now is invalid, so it cannot be used to gain possession.
3. What notice period applies?
It depends on the ground: usually four weeks for rent arrears, four months for selling or moving back in, and proceedings can begin immediately for serious anti-social behaviour.
4. Can a landlord evict a tenant without going to court?
Only if the tenant leaves voluntarily after notice. Otherwise a court possession order is required, and removing a tenant by force is a criminal offence.
5. How can landlords avoid disputes during the process?
Clear communication, correct and current notices, complete records and full compliance with deposit, safety and information requirements all reduce the risk of a dispute or a failed claim.