Letter of Notice - Tenancy Termination

Either Tenant or Landlord may serve on the other Notice to Quit. Many Landlords fall foul of the intricate legislation surrounding Notices and fail to realise that such a Notice MUST include specific legal text (known as prescribed text) where such is not included the notice is invalid and can NEVER be relied on in any legal process.

Where the Landlord does NOT live in the same premises

AST - To end a Tenancy which is an Assured Shorthold Tenancy (which the majority are) a Section 21 Notice which must be completed and served correctly. After the expiry date of the Notice, the Landlord is eligible to apply to the courts.

An Assured Tenancy or where a breach of an Assured Shorthold Tenancy serve a valid a Section 8 Notice then apply to court. Most common breach is rent arrears see "My Tenant is in rent arrears guide"

If the Tenant wishes to surrender the Tenancy issue Notice to Quit or where the Landlord simply requires a line under the Tenancy this Letter acts as a Letter of Surrender

ONLY If a Lodger, Licence or an occupier with basic protection

(NOT an Assured Tenancy or AST) A "Notice to Quit" is sufficient - Giving a minimum of 14 days but 28 days is considered more reasonable dependant on rent payable periods. Such Notice MUST contain legal text or would be INVALID - read this section below

The most common mistake made by Landlords when issuing Notices

Where an invalid Notice is served, there is no point using it as the basis of evidence of any legal proceeding. Only a valid notice is legally acceptable when you make an application for possession - the courts will automatically dismiss any application. You will lose your court costs and more importantly delay eviction by several months. If you an invalid Notice and the Tenant refuses to vacate and they seek advice, they will be told to ignore your letter/notice and stay put.

The Tenancy Agreement states the Landlord can give the Tenant 14 days, 28 days, 30 days or one months notice. These are classed as unfair terms and any Notice issued in accordance with these is invalid. This is because various Housing Acts govern Notice to a Tenant not your Tenancy Agreement.

The Landlord writes their own Notice or relies on one from an unreliable source - The Notice will be invalid for the required legal text will be missing. If you have written or intend relying on such a letter you should simply stop and issue a valid notice or call our helpline.