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Eviction Notice

What is an eviction notice? 

An eviction notice is a formal way for a landlord to ask a tenant to leave a property. 

Eviction notices serve as the first step in tenant eviction, notifying them of a landlord's intention to repossess the property. For an eviction to be legal, landlords have to give valid notice depending on the tenancy type and the tenancy agreement.

When should you use an eviction notice? 

Eviction notices can be used when:

1. A rental agreement is coming to an end and you want to let tenants know they have to move out. 

2. Tenants are in breach of their tenancy agreement. For example, they caused damage to a property or carried out illegal activity.

3. A tenant has fallen behind on their rent and they are in rent arrears. 

What should you put in an eviction notice? 

There are different types of eviction notices, and each one should include different information depending on the type of eviction. However, in most cases an eviction notice should include: 

• The landlord’s details; 

• The tenant’s details;

• The address of the property the eviction notice relates to;

• The date on which a tenant is required to leave the premises’ 

• Reasons why the tenant is being evicted; 

• Under which act the notice is being served.

An eviction notice should also be signed and dated by the landlord.

How should you send an eviction notice? 

An eviction notice can be sent through the post or given directly to the tenant. What’s most important is the landlord gets evidence that the tenant received the letter. 

Eviction notices can be sent by email or text, if the landlord and tenant have agreed that sending them this way is okay and they contain all the right information. Landlords can print a copy of the email they sent as proof that the notice was given should they need it.

However, it’s probably best to send it via recorded delivery or deliver it in person with another person with you as a witness. 

Landlords should also keep records of when and how an eviction notice was given to a tenant in case the matter goes to court. They should also check the tenancy agreement to make sure they serve notice in the right way. 

In UK law, landlords have a responsibility to give a tenant written notice and give the tenant a set amount of time before they have to leave (notice period), so having evidence of this on record should be sufficient in proving a landlord fulfilled their obligations if it is ever called into question.  

Types of eviction notices

Most private renters have assured shorthold tenancies (AST). In these cases there are two types of eviction notices: 

• Section 21 Notices (AKA ‘no fault’ eviction): Landlords often use these to end an AST without giving a reason. 

• Section 8 Notices: If a landlord has a legal reason to evict a tenant (e.g. antisocial behaviour or rent arrears) they can use a section 8 notice to evict assured shorthold tenants or assured tenants. 

Another type of eviction notice is called a ‘notice to quit.’ These types of notices are used to end rolling agreements with ‘occupiers with basic protection,’ like students in halls of residence or tenants that live in the same building as their landlord but a different flat.

Tips for writing and serving an eviction notice 

To avoid claims of unlawful eviction a landlord should: 

• Make sure you are serving the correct notice for the tenancy type and situation; 

• Include all the required information for the chosen eviction notice; 

• Keep a record of the eviction notice; 

• Get proof of receipt either via a signed note from a witness, sending via recorded delivery, or asking the tenant to acknowledge they’ve received the notice;

• Make sure the date of the service of the eviction notice is the date the tenant actually received it;

• Give the appropriate amount of notice for the eviction note you’re sending

• Get a landlord and tenant solicitor to review your eviction note if you’re unsure of any of the above. 

How long is an eviction notice? 

How much notice a landlord needs to give depends on the type of notice that is being served and, in some cases, what is written in the tenancy agreement. 

Usually, an eviction notice should give a tenant at least 2 months notice. However, this may differ and it’s important to get legal advice when it comes to serving the correct notice periods and how to hand over an eviction notice to a tenant. 

For a ‘contractual’ periodic tenancy, the eviction notice must give the same length of notice as the rental period if it is more than 2 months. For example, if a tenant pays rent every 6 months, then the eviction notice should give a tenant 6 months’ notice.

Get legal help with eviction notices 

Lawhive offers affordable, fixed-fee help with eviction notices including: 

• Eviction consultations with a landlord and tenant lawyer; 

• Drafting an eviction notice; 

• Serving eviction notices and reporting on responses from tenants;

• Certification of service. 

Should you need any help with the above from the UK’s best solicitors, start a free case assessment today to understand your next steps and get a fixed-fee quote.