Is a Section 8 notice valid on a statutory periodic AST?

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When the fixed term of an assured tenancy (including an assured shorthold tenancy) ends and the tenant remains in occupation, a statutory periodic tenancy arises under section 5(2) of the Housing Act 1988. To end that statutory periodic tenancy, the landlord may proceed using either the section 8 or section 21 route. The section 21 option is usually preferable, as no grounds need to be proven, unless the landlord cannot meet the pre-conditions for serving a section 21 notice. In those circumstances, a section 8 notice can be used, provided the landlord can rely on one of the specified grounds. For fuller guidance, see Practice Note: Assured and assured shorthold tenancies—terminating, particularly the sections ‘Method of landlord termination’, ‘Section 8’ and ‘Section 21—pre-conditions to service’...

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Web page updated on 27/05/2026

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