How much notice must my landlord give before evicting me?

One of the most common questions from tenants facing eviction is how much notice they get. The answer depends on the type of tenancy you have, the ground your landlord is using, and sometimes when the notice was served. This guide sets out the main notice periods, and how to check whether your notice is valid.

Fixed-term and periodic tenancies

A fixed-term tenancy runs for a set time, usually 6 or 12 months. During this time, your landlord generally cannot end it early. The exceptions are a break clause, or certain Section 8 grounds.

A periodic tenancy has no fixed end date. It runs from one rent period to the next (usually month to month, or week to week). Most tenancies become periodic automatically once the fixed term ends and neither side ends the tenancy.

The notice rules apply to both types, but your starting point depends on which you have.

Section 21: no-fault eviction

Section 21 update: From 1 May 2026 the Renters' Rights Act abolished Section 21 "no-fault" evictions in England, so a landlord can no longer start a new one. The points below still apply to a Section 21 notice you were given before that date, which may still be going through the courts.

A Section 21 notice was used to end an assured shorthold tenancy without a reason. If the notice is valid (not always the case, see below), the landlord must give at least two months' notice.

Other rules that affect validity:

• It could not be served in the first four months of the original fixed term.
• In a periodic tenancy, the date the landlord wants the property back must line up with the end of a rental period.
• A Section 21 notice expires. If the landlord did not start court proceedings within 6 months of serving it, they had to serve a new one.
• It is invalid if the landlord did not give you the required documents at the start: the Energy Performance Certificate, the gas safety certificate, and the government's How to Rent guide.
• It is invalid if the deposit was not protected in an approved scheme, or the prescribed information was not given.

See our guide: what is a Section 21 notice, is it still legal.

Section 8: eviction on grounds

A Section 8 notice is used when the landlord relies on specific legal grounds. The most common are rent arrears, breach of the tenancy, or antisocial behaviour. The notice period depends on the ground.

The notice must be on the correct form. If it is on the wrong form, or does not clearly state the grounds, it may be invalid.

Notice to quit: if you are not an assured shorthold tenant

You may have a periodic common law tenancy. For example, you rent a room in your landlord's home and share facilities, which makes you an excluded occupier. Or you may have an older regulated tenancy. Different rules apply.

For a common law periodic tenancy, the landlord must usually give notice equal to at least one full rental period. So if you pay weekly, you get at least one week. If monthly, at least one month.

This is a separate, older set of rules, and they can be complex. If you are not sure what type of tenancy you have, get advice.

How to check if the notice is valid

Before you assume you must leave, check the following:

1. Is it on the correct form? Section 21 must be on Form 6A. Section 8 must be on Form 3.
2. Is the notice period right? Count from the date on the notice (or the date it was served, if different). For a Section 21 periodic tenancy, notice must end on the last day of a rental period.
3. Were the required documents given at the start? If not, a Section 21 notice is invalid.
4. Is the deposit protected, and was the prescribed information given? If not, a Section 21 notice is invalid.
5. Was the notice served while a council enforcement notice was in place? If so, a Section 21 notice is invalid.

An invalid notice cannot be used to get a possession order. If you are unsure, get advice before the hearing date.

When should I contact Support for Tenants?

Your landlord may be trying to evict you while your home has damp, mould, broken heating, or other disrepair. If so, you may have a disrepair claim you can run alongside the possession case. Disrepair can be relevant to the court's decision.

Call us on 0800 030 4669. No upfront cost. You only pay if you win.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)

Related articles

• What is a Section 21 notice?
• Section 8 eviction explained
• The possession claim form N5 explained
• Accelerated possession procedure explained