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When you can be asked to leave

Tenancies that are governed by Part 4 of the 2004 Act and that started on or before 24 December 2016 run in 4-year cycles. Tenancies that started after 24 December 2016 run in 6-year cycles.

During the first 6 months of a tenancy, the landlord can ask you to leave without giving a reason (unless you have a fixed-term tenancy) but must serve a valid written notice of termination, allowing a minimum 28-day notice period. Only 7 days’ notice is required in the first 6 months if your behaviour is seriously anti-social or threatens the fabric of the property.

For a tenancy that has lasted between 6 months and 4 years – known as a Part 4 tenancy – the landlord can end it only in the following circumstances:

• If you do not comply with the obligations of the tenancy
• If the property is no longer suited to your needs (for example, if it is overcrowded)
• If the landlord intends to sell the property within 3 months (Sections 38, 39 and 40 of the 2016 Act provide for amendments to the rules on termination due to intention to sell. These amendments are not yet in effect.)

or for the following 3 specific reasons:

• If the landlord needs the property for their own use or for an immediate family member (this only applies to private landlords)
• If the landlord intends to refurbish the property substantially
• If the landlord plans to change the business use of the property (for example, convert it to office use)

See 'Reasons and notice of termination' below for more details.

Tenancies that started on or before 24 December 2016: When the 4-year cycle of the tenancy has ended, a new tenancy starts, known as a further Part 4 tenancy. As at the start of your original tenancy, the legislation currently provides that your landlord may end this tenancy at any time during the next 6 months without having to give a reason. (This rule is due to change shortly.) You must now get 112 days’ notice (16 weeks). After 6 months you again acquire security of tenure and you are now 6 months into a further cycle, which will now last 6 years.

Tenancies that started after 24 December 2016: The further Part 4 tenancy will start when the first 6-year cycle of the original tenancy has ended.

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