Do You Know Your Housing Legislation?

Law & Regulation • 05 Aug 2026, 16:43

Do You Know Your Housing Legislation?

Section 13 or Section 8? Which piece of housing legislation can you use to serve notice to end a tenancy? What’s available in England and what in Wales? If you’re not sure, this article is for you.

Now that we have entered the post-Section 21 era in England, the rules have changed significantly. Moreover, with the court application deadline now past for old Section 21 notices served prior to May, Section 8 is officially the only eviction route remaining for private landlords in England.

Here we cover the most important sections of the Housing Act 1988 for private landlords in England (Section 13 and Section 8) and how things work in Wales under the Renting Homes (Wales) Act 2016.

Looking to increase the rent?
Looking to end the tenancy?

Looking to increase the rent?

England

Following the Renters’ Rights Act reforms, all tenancies in England are periodic. With fixed terms abolished, there’s no need to wait for a “renewal” to adjust the rent, and rent review clauses in agreements are void. The sole statutory route for increasing rent on an assured tenancy is via a Section 13 notice.

Key rules to remember:

Notice period: You must give at least 2 months’ notice before the new rent takes effect.
Frequency: A Section 13 notice can only be served once every 12 months (and cannot be served in the first 12 months of a new tenancy).
Prescribed form: You must use the latest version of Form 4A.
Tenant appeals: Tenants can challenge the proposed increase at the First-tier Tribunal (Property Chamber) before the notice start date. The tribunal cannot raise the rent above market value or backdate the increase beyond their determination date.

Remember, getting the paperwork wrong on a Section 13 notice can easily invalidate your rent increase and set you back months. OpenRent’s Section 13 tool (available as part of our Rent Collection service) guides you step by step to serve a legally compliant notice in just a few clicks.

Wales

Landlords in Wales must follow the formal procedure using a Notice of Variation of Rent (Form RHW12).

Key rules to remember:

You must give contract-holders at least 2 months’ notice before increasing the rent.
You can only increase the rent once a year.
It applies to periodic standard occupation contracts.

Looking to end the tenancy?

Ending tenancies requires strict adherence to statutory processes.

“No-fault” notices

England

Section 21 has been completely abolished. Landlords in England can no longer serve no-fault notices, and all transitional deadlines to apply to court using pre-May Section 21 notices expired on 31st July 2026.

Since all tenancies are now Assured Periodic Tenancies, you must always cite a specific statutory ground under Section 8 to regain possession.
If you want to sell the property or move in yourself, you must rely on the updated mandatory grounds under Section 8.

Wales

A “no-fault” eviction route still exists in Wales (Section 173 notice), but it carries strict protections:

Notice period: You must provide a minimum of 6 months’ notice.
Restrictions: A Section 173 notice cannot be issued during the first 6 months of occupation, effectively guaranteeing tenants a 12-month minimum term.
Compliance: You cannot serve a no-fault notice unless you are fully compliant with Rent Smart Wales licensing, deposit protection rules, and Fitness for Human Habitation standards.

However, if you let a property in Wales, keep in mind this route may not be around forever. The Welsh Government recently announced plans to ban no-fault evictions entirely. If passed, the changes would bring Wales broadly into line with the post-Renters’ Rights Act system in place in England.

Other notices for ending the tenancy

England: Section 8

Section 8 is now the sole legal route to recover possession in England. Here are some examples of the revised grounds and notice periods:

Serious rent arrears (Ground 8 – Mandatory): Requires the tenant to owe at least 3 months’ rent (or 13 weeks for weekly pay) both when the notice is served and at the court hearing. The minimum notice period is 4 weeks.
Landlord occupation or sale (Grounds 1 & 1A – Mandatory): Requires 4 months’ notice. Neither ground can be served during the first 12 months of a new tenancy.
Anti-social behaviour (Ground 14 – Discretionary): Proceedings can begin immediately upon serving notice (zero notice period required).

If you ever need to end a tenancy, our guided Section 8 notice builder walks you through selecting the right ground and generates compliant legal documentation automatically.

Evicting on grounds (fault-based) in Wales

Where a contract-holder breaches their agreement, fault-based routes under the Renting Homes (Wales) Act 2016 apply:

Serious rent arrears (Section 158 / Form RHW20): Mandatory ground requiring at least 2 months’ arrears (for monthly payments) both at service and at the court hearing. Notice period is 14 days.
Breach of contract (Section 157 / Form RHW23): Discretionary ground covering property damage or tenancy breaches. Notice period is 1 month.
Anti-social behaviour (Section 55/157 / Form RHW23): Discretionary ground with zero notice period. This means court proceedings can begin on the same day notice is served.
Abandonment (Section 220 / Form RHW24 & RHW25): A formal 4-week investigation process allowing landlords to repossess abandoned properties without needing a court order.

Keep in mind, Wales hasn’t adopted the 3-month rent arrears threshold introduced in England. In Wales, the threshold for serious mandatory rent arrears remains at 2 months.