NRLA Level 3 Unit 5: Ending Tenancies, Possession & Checkouts – Study Guide

This guide covers Unit 5 of the NRLA Level 3 Certificate (MNRLA): how tenancies end, the legal routes to possession, unlawful eviction protections, and the check-out and deposit-return process. It reflects the tenancy regime introduced by the Renters’ Rights Act 2025, under which all private tenancies became periodic assured tenancies and Section 21 ‘no-fault’ eviction was abolished.

How A Tenant Can End A Tenancy

A tenant leaving a periodic assured tenancy must give written notice to quit. The statutory minimum is one month for tenancies with rent paid monthly or more frequently (four weeks’ notice where rent is paid weekly), though a tenancy agreement can specify a longer period, which then applies instead.

• Notice must be in writing, dated, and give the correct address and leave date.
• Where there are joint tenants, notice from just one of them is generally enough to end the whole tenancy, unless the agreement provides otherwise — this can leave the remaining joint tenant(s) with nowhere to live and is a common source of dispute.
• A tenant cannot simply stop paying rent and walk away without notice; they remain liable for rent until the notice period expires or the landlord agrees to an earlier surrender.
• Surrender by agreement lets both parties end the tenancy early on mutually agreed terms — always confirm this in writing to avoid later disputes about arrears or dilapidations.
• If a tenant leaves without notice and without agreement (abandonment), the landlord cannot assume the tenancy has ended and must follow the legal abandonment procedure rather than simply changing the locks.

How A Landlord Can End A Tenancy

Since Section 21 was abolished by the Renters’ Rights Act 2025, a landlord can only regain possession by serving a Section 8 notice relying on one or more statutory grounds in Schedule 2 of the Housing Act 1988 (as amended). There is no route to possession simply because a fixed term has ended, because periodic assured tenancies now have no fixed term to expire.

Grounds are either mandatory (the court must grant possession if the ground is proved) or discretionary (the court decides whether it is reasonable to grant possession). Commonly used grounds include:

• Ground 8 (mandatory) — at least two months’ or eight weeks’ rent arrears, both when notice is served and at the hearing.
• Ground 10 and 11 (discretionary) — some or persistent rent arrears.
• Ground 14 (discretionary) — anti-social behaviour or nuisance.
• Ground 1 (mandatory, expanded under the 2025 Act) — landlord or a close family member intends to move into the property, subject to a minimum period of occupation before the tenancy started.
• Ground 6A — landlord wishes to sell the property, subject to notice period and restrictions on re-letting.
• Grounds relating to breach of tenancy terms, damage to the property, or the property being needed for redevelopment.

Notice periods vary by ground — mandatory rent-arrears grounds typically require 4 weeks’ notice, while grounds such as sale or landlord occupation require longer notice periods (commonly 4 months), reflecting the policy intent of giving tenants more security than under the pre-2025 regime. Always check the current notice period for the specific ground being used, as these can be adjusted by secondary legislation.

The Legal Process For Obtaining Possession

Possession is a court-controlled process — a landlord can never lawfully evict a tenant without a court order and, in most cases, a bailiff or High Court enforcement officer to execute it. The typical stages are:

1. Serve a valid Section 8 notice on the correct prescribed form, citing the ground(s) relied on and the correct notice period.
2. Wait for the notice period to expire without the tenant leaving or the arrears/issue being resolved.
3. Issue a claim for possession at court (using form N5, with supporting particulars on form N119 for rent arrears claims), paying the relevant court fee.
4. Attend a court hearing (most Section 8 claims are not eligible for the accelerated ‘paper only’ procedure, which is generally reserved for certain no-fault-style claims) where a judge decides whether to grant a possession order.
5. If the tenant still does not leave after the order’s deadline, apply for a warrant of possession and instruct county court bailiffs (or, in some cases, transfer to the High Court for enforcement) to carry out the eviction.

For rent arrears cases, landlords are expected to follow a pre-action protocol before issuing court proceedings — this includes giving the tenant clear information about the arrears, signposting money and debt advice, and considering whether a payment plan could resolve matters without going to court. Failing to follow the protocol can result in a court adjourning or dismissing a claim, or penalising the landlord in costs.

Preventing Harassment And Unlawful Eviction

The Protection from Eviction Act 1977 makes it a criminal offence to evict a residential occupier without following the correct legal process, or to harass a tenant with the intent of making them leave or give up part of their rights. This protection applies regardless of what the tenancy agreement says.

• Illegal eviction includes changing the locks while the tenant is out, removing the tenant’s belongings, physically barring entry, or cutting off gas, electricity or water to force someone out.
• Harassment includes persistent unwanted visits, threats, intimidating letters demanding the tenant leave immediately, or withdrawing services the tenant is entitled to.
• A landlord or agent found guilty can face an unlimited fine and/or imprisonment, and the tenant may also bring a civil claim for damages, which can include compensation reflecting the landlord’s financial gain from the illegal eviction.
• Local authorities have powers to investigate illegal eviction and harassment complaints and can prosecute landlords or agents; some also use civil penalties as an alternative to prosecution.
• The only lawful way to remove a tenant who will not leave voluntarily after a valid notice is a court possession order followed, if necessary, by bailiff enforcement.

Checkouts And Deposits

A well-run check-out protects both parties and is one of the most common sources of tenancy disputes if handled poorly.

• Compare the property against the check-in inventory and schedule of condition, ideally with dated photographs or video from both check-in and check-out.
• Distinguish fair wear and tear (gradual deterioration from normal use, which a tenant is not liable for) from damage or neglect (which can justify a deduction).
• Any deposit taken must have been protected in a government-approved scheme (DPS, MyDeposits or TDS) within 30 days of receipt, with prescribed information given to the tenant at that time.
• At the end of the tenancy, the landlord or agent should confirm the proposed return amount promptly — the scheme rules generally expect agreement or referral to dispute resolution within 10 days of both parties agreeing the amount.
• If landlord and tenant cannot agree on deductions, either party can use the scheme’s free Alternative Dispute Resolution (ADR) service instead of going to court, and the adjudicator’s decision is based on evidence such as the inventory, photos, invoices and correspondence.
• Common justified deductions include unpaid rent, cleaning beyond a reasonable standard, damage beyond fair wear and tear, and missing items — but deductions must be evidenced and proportionate, not used as an automatic charge.

Download the free printable revision checklist for this unit: NRLA Level 3 Unit 5 Revision Checklist (PDF)

Revision Summary

• Tenants end a tenancy with written notice to quit — normally one month’s notice for monthly-paid rent; notice from one joint tenant can end the whole tenancy.
• Since the Renters’ Rights Act 2025, landlords can only regain possession using a Section 8 notice and a statutory ground — Section 21 no longer exists.
• Grounds are mandatory (court must grant possession) or discretionary (court decides); Ground 8 covers serious rent arrears.
• Possession always requires a court order, and often a bailiff warrant if the tenant does not leave voluntarily.
• Rent arrears claims should follow the pre-action protocol before court proceedings begin.
• Illegal eviction and harassment are criminal offences under the Protection from Eviction Act 1977, with unlimited fines and/or imprisonment.
• Deposits must be protected within 30 days in an approved scheme; disputes can go to free ADR instead of court.
• Fair wear and tear is not chargeable to the tenant; deductions must be evidenced.

Self-Test Quiz

Test your knowledge of Unit 5 with these 10 questions. Answers are provided at the end — try to answer each one before checking.

1. What is the standard minimum notice period a tenant must give to end a periodic assured tenancy where rent is paid monthly?
   a) One week   b) One month   c) Two months   d) No notice is required
2. Since the Renters’ Rights Act 2025, which notice can a landlord use to regain possession of an assured tenancy?
   a) Section 21   b) Section 8   c) Either, landlord’s choice   d) A verbal notice is sufficient
3. What is the key difference between a mandatory and a discretionary ground for possession?
   a) Mandatory grounds only apply to HMOs   b) The court must grant possession if a mandatory ground is proved; for a discretionary ground the court decides if it’s reasonable   c) Discretionary grounds require no notice   d) There is no difference
4. How much rent arrears are generally needed for the mandatory arrears ground (Ground 8)?
   a) Any arrears at all   b) At least one week   c) At least two months’ or eight weeks’ rent   d) Six months
5. What form is typically used to start a possession claim at court?
   a) N1   b) N5   c) N244   d) N208
6. What must a landlord generally do before issuing court proceedings for rent arrears?
   a) Nothing extra is required   b) Follow the pre-action protocol, including signposting debt advice   c) Change the locks first   d) Wait 12 months
7. Which Act makes illegal eviction and harassment a criminal offence?
   a) Housing Act 1988   b) Protection from Eviction Act 1977   c) Landlord and Tenant Act 1985   d) Renters’ Rights Act 2025
8. Can a landlord lawfully change the locks to remove a tenant who has stopped paying rent, without a court order?
   a) Yes, if arrears exceed two months   b) Yes, with 24 hours’ notice   c) No — this is illegal eviction regardless of arrears   d) Yes, if stated in the tenancy agreement
9. Within how many days must a deposit be protected in an approved scheme?
   a) 7 days   b) 14 days   c) 30 days   d) 90 days
10. What is ‘fair wear and tear’?
    a) Damage caused by a tenant’s pet   b) Gradual deterioration from normal use that a tenant is not liable for   c) Any mark or scuff, chargeable to the tenant   d) A type of deposit scheme

Answers

1. b — One month (four weeks if rent is paid weekly)  |  2. b — Section 8  |  3. b — Mandatory grounds force possession if proved; discretionary grounds are subject to the court’s judgement  |  4. c — At least two months’ or eight weeks’ rent  |  5. b — Form N5  |  6. b — Follow the pre-action protocol  |  7. b — Protection from Eviction Act 1977  |  8. c — No, this is illegal eviction, a criminal offence  |  9. c — 30 days  |  10. b — Gradual deterioration from normal use, not chargeable to the tenant.

← Back to the NRLA Level 3 Study Hub