Section 8 Notice: Periodic Tenancies, Ended Fixed Terms, Lodgers and Student Lets

Section 8 doesn't apply to every letting arrangement in England. It covers assured periodic tenancies — and since 1 May 2026, that's what virtually every private residential tenancy is. But several common arrangements fall outside the Section 8 framework entirely, and serving Form 3A on someone who isn't an assured periodic tenant wastes time and court fees.

Every Private AST Converted on 1 May 2026

When the Renters' Rights Act 2025 came into force, every existing private assured shorthold tenancy (AST) in England — whether mid-fixed-term or already periodic — converted automatically to an assured periodic tenancy. The fixed-term end date became meaningless. The tenancy continues on a periodic basis matching the rent payment frequency (usually monthly).

New private assured tenancies created from 1 May 2026 onward are periodic from day one. There are no new fixed-term assured tenancies in the private rented sector.

So if your tenant started on a 12-month AST in January 2025, that tenancy became an assured periodic tenancy on 1 May 2026. The "fixed term ended" question no longer applies — it converted regardless.

Lodgers Are Not Tenants Under Section 8

A lodger is someone who rents a room in a property where the landlord also lives and shares living accommodation — the kitchen, bathroom, or living room. Lodgers are "excluded occupiers" under the Protection from Eviction Act 1977 and don't hold an assured tenancy.

Section 8 does not apply to lodgers. You cannot serve Form 3A on a lodger, and you don't need to. Ending a lodger arrangement is governed by separate rules. The notice needed and whether a court order is required depend on the arrangement and agreement, so do not apply the Section 8 notice period or assume Form 3A is the right route.

The distinction matters because some landlords who rent out a spare room describe the arrangement as a "tenancy" and try to use Section 8 when things go wrong. If the occupier shares living accommodation with the landlord, they're a lodger, not a tenant.

Company Lets

A tenancy granted to a company (rather than an individual) is not an assured tenancy. It's a common law contractual tenancy, governed by general contract law. Section 8 doesn't apply.

The applicable termination notice and possession route depend on the contract and common-law rules. Section 8 and Schedule 2 grounds do not apply.

Purpose-Built Student Accommodation (PBSA)

Purpose-built student accommodation operated by specialist providers registered under approved codes is exempt from the periodic conversion. These aren't assured tenancies and Section 8 doesn't apply.

However, student properties that are ordinary residential lets — a house or flat rented to students by a private landlord — are assured periodic tenancies like any other private let. Section 8 applies normally.

Ground 4A (joint student let re-letting) exists specifically for student properties where the landlord needs to re-let for the next academic year. It has a 4-month notice period and can only be served between 1 May and 30 July, with the notice expiring between 1 June and 30 September.

High-Rent Tenancies

If the annual rent exceeds £100,000, the tenancy falls outside the assured tenancy regime entirely (Schedule 1 of the Housing Act 1988). These are governed by common-law contractual rules, so the Section 8 form and grounds do not apply; the notice and possession route depend on the tenancy terms.

This is rare in practice outside central London, but landlords with high-value properties should check.

What If You're Not Sure?

The critical question is: does the occupier hold an assured periodic tenancy? If yes, Section 8 applies. If no, a different route is needed.

Signs the arrangement is not an assured tenancy:

• The occupier shares living accommodation with the landlord (lodger)
• The tenant is a company, not an individual (company let)
• The annual rent exceeds £100,000 (high-rent exemption)
• The property is purpose-built student accommodation under an approved code (PBSA)
• The occupier is a licensee with no exclusive possession (e.g., a service occupier or holiday guest)

If the arrangement is an assured periodic tenancy — which covers the vast majority of private residential lets in England post-1 May 2026 — then Section 8 and Form 3A are the correct route. The Section 8 Notice Guide covers the process from pre-notice compliance checks through to court filing.

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