Eviction Notice Rules for Fixed-Term and Rolling Tenancies in England

If you’re renting in England and facing eviction, it’s essential to understand how the process works for both fixed-term and rolling (periodic) tenancies. The rules and protections differ depending on the type of tenancy you have. Knowing your rights can help you respond appropriately and avoid surprises if you receive notice from your landlord.

Understanding Fixed-Term Tenancies vs. Rolling (Periodic) Tenancies

Most renters in England are on an Assured Shorthold Tenancy (AST). This can be either:

• Fixed-term tenancy – for a set period, usually 6 or 12 months. You have legal rights to live there until the end of the agreed term, unless you break tenancy terms or the landlord uses a legal process to evict.
• Rolling (periodic) tenancy – continues weekly or monthly after the fixed-term ends. It often starts automatically if you remain after your original agreement expires and can be ended by either you or your landlord with proper notice.

Understanding which you have is crucial, as eviction rules and notice periods may vary.

How Eviction Works in a Fixed-Term Tenancy

Your landlord cannot usually evict you during your fixed term unless you’ve broken the tenancy agreement (like not paying rent or causing damage). To end your tenancy early, they must have legal grounds and use the right procedure:

• Section 8 notice (Form 3): Used for breaches (like rent arrears, anti-social behaviour). Allows the landlord to seek repossession before the fixed term ends. Download Form 3 and guidance here.
• No Section 21 notice: Landlords cannot use a Section 21 notice to end a fixed-term tenancy early unless a break clause is included in your agreement.

Example: If you are six months into a 12-month agreement and fall two months behind on rent, your landlord may serve a Section 8 notice using Form 3. They must state the grounds (such as rent arrears) and give at least two weeks’ notice before applying to court.

Eviction Process in a Rolling (Periodic) Tenancy

Once your fixed term expires and you stay in the property, the tenancy becomes periodic (rolling, usually month-to-month). Landlords can end this tenancy by serving one of the following:

• Section 21 notice (Form 6A): The most common way to regain possession without a reason (also called ‘no-fault’ eviction). Landlords must give at least 2 months’ notice. View Form 6A and guidance here.
• Section 8 notice (Form 3): If you have breached the agreement, the landlord can use Form 3 for eviction, with notice periods depending on the grounds.

Example: After your initial 12-month tenancy ends, it continues month-to-month. If your landlord wants you to leave, they can serve a Section 21 notice using Form 6A, giving you at least two months to move out. If you owe significant rent, they might also use a Section 8 notice.

Notice Periods and Your Rights

Notice periods are set by law and depend on the notice type and reason:

• Section 21 (Form 6A): Minimum 2 months’ notice.
• Section 8 (Form 3): 2 weeks to 2 months’ notice, depending on grounds.

Landlords must follow proper legal procedures. An eviction is not valid until a court order is granted and, if needed, enforced by bailiffs. If you receive an eviction notice, do not leave immediately—check whether it’s valid. You can challenge a notice if it does not meet legal requirements, or contact your local council for support (find your local council here).

Key Official Eviction Forms in England

• Form 6A: Section 21 Notice
  When to use: Landlord serves this to end a rolling (periodic) tenancy, or a fixed-term tenancy with a break clause, without giving a reason.
  Practical example: Your fixed term ended and you're now on a periodic tenancy; your landlord gives you Form 6A for a two-month no-fault eviction.
  Download Form 6A from gov.uk
• Form 3: Section 8 Notice
  When to use: Landlord serves this for specific breaches (e.g., rent arrears). Can be used during either a fixed-term or a rolling tenancy.
  Practical example: You fall into rent arrears and the landlord serves Form 3, giving you two weeks to resolve the issue or leave.
  Download Form 3 from gov.uk

Which Tribunal Handles Tenancy Eviction Cases?

Evictions and disputes are handled by the County Court in England. Renters or landlords apply here for possession orders if a tenant does not leave after legally correct notice.

Relevant Legislation

• Housing Act 1988 (key for ASTs, Section 8 and Section 21 notices)
• Housing Act 1996 (additional protections for tenants)

FAQ: Eviction in Fixed-Term vs. Rolling Tenancy

1. Can my landlord evict me during my fixed-term tenancy?
   Typically, no—unless you’ve broken the agreement, in which case they must use a Section 8 notice (Form 3) and prove grounds in court.
2. Do I have to leave if I get a Section 21 notice?
   No. The notice period is at least two months; you are not required to leave until a court orders it. If you think it’s invalid, seek advice immediately.
3. Can my landlord increase my rent during a periodic (rolling) tenancy?
   Yes, but they must give proper written notice and can only increase rent once a year using a prescribed process. You can challenge excessive increases through a rent assessment committee.
4. What can I do if I get an eviction notice and have nowhere to go?
   Contact your local council right away. Councils have a legal duty to help prevent homelessness and can advise you about your rights and support options.
5. Which official form should my landlord use for a 'no-fault' eviction?
   For periodic tenancies, they must use Form 6A for a Section 21 ‘no-fault’ eviction, giving you at least two months’ notice.

Conclusion: Key Takeaways for Renters

• If you have a fixed-term tenancy, you are strongly protected until the period ends—eviction requires proper legal grounds and procedures.
• For rolling (periodic) tenancies, landlords can serve a Section 21 (Form 6A) for a 'no-fault' eviction or Section 8 (Form 3) for breaches.
• Never ignore eviction notices; always check validity and seek advice quickly.

Remember, eviction is a multi-step legal process. If you have concerns, support is available and your rights are protected under law.

Need Help? Resources for Renters

• Eviction process guidance on GOV.UK
• Find your local council for emergency housing support
• Housing tribunals and disputes in England
• Shelter: Free expert eviction and housing advice

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1. Housing Act 1988
2. Official tenancy forms on GOV.UK
3. Private Renting: Evictions GOV.UK Guidance
4. County Court: Possession Orders

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