Notice To Quit Solicitors
A notice to quit is a formal legal document that a landlord issues to a tenant to terminate a tenancy agreement. It typically specifies the date by which the tenant must vacate the property.
For landlords, a notice to quit provides a legal mechanism to regain possession of their property. As such, failure to correctly issue a notice to quit (or respond to one as a tenant) can result in court proceedings and financial liabilities.
At Lawhive we understand that possession proceedings can seem stressful and complex. Our network of expert landlord and tenant solicitors is here to guide you through the entire process, from drafting a notice to quit that complies with all legal requirements to representing you in court if necessary.
Contact us for a free case evaluation and quote today.
What is a notice to quit?
A notice to quit is a legal document that landlord serves to a tenant to terminate their tenancy. It outlines the landlord's intention to reclaim possession of the property and specifies the date by which the tenant must leave.
The purpose of a notice to quit is to give the tenant clear and advance warning that they need to vacate the property, allowing them enough time to make alternative living arrangements.
In the UK, the issuance of a notice to quit is governed by the Housing Act 1988 and subsequent amendments. The law says that a notice to quit must be in writing and include specific information to be valid, such as:
The date of the notice
The date by which the tenant must leave
The address of the property in question
The landlord's signature.
The notice period, typically ranging from one month to six months, depends on the type of tenancy and the reasons for ending it.
What is the difference between a notice to quit and other eviction notices?
A notice to quit is generally used for tenancies that don't fall under the assured shorthold tenancy category, whereas other eviction notices (like Section 21 notices) are used by landlords to regain possession of a property at the end of an assured shorthold tenancy.
Essentially, a notice to quit is a straightforward way for landlords to end a tenancy agreement, usually with a notice period defined by the tenancy agreement or common law.
When is a notice to quit used?
A notice to quit might be necessary:
If a tenant consistently fails to pay rent;
If a tenant breaches the terms of their tenancy agreement;
If the landlord decided to sell the property
To formally end the tenancy if it is not covered by other specific notices, like Section 21 or Section 8.
A notice to quit is commonly used to end periodic tenancies. The notice period is typically one rental period unless otherwise stated in the tenancy agreement.
It is less common to use a notice to quit for fixed-term tenancies, as these usually require other forms of notice (like Section 21 or Section 8) to terminate before the end of the term. That being said if the fixed term has expired and the tenancy has rolled over into a periodic tenancy, a notice to quit becomes relevant.
There are also unique situations where a notice to quit may be necessary, including:
Property guardians
Property guardians are individuals who live in a property to protect it from vandalism and squatting. They usually have a license rather than a tenancy agreement, but a notice to quit may still be used to terminate their occupation, typically with a 28-day notice period.
Job-related housing
If employees live in accommodation provided by their employer and their employment ends, a notice to quit is often issued to terminate the housing arrangement, with the notice period depending on the terms of the housing agreement.
What are the minimum notice periods for a valid notice to quit?
One of the essential aspects of a valid notice to quit is adhering to the minimum notice periods, which vary based on the type of tenancy:
For tenancies that are paid monthly, the minimum notice period is one month;
For tenancies that are paid weekly, the minimum notice period is one week;
For tenancies that are paid yearly, the minimum notice period is six months.
These are the minimum periods required by law. The actual notice period may be longer if specified in the tenancy agreement.
What should be included in a valid notice to quit?
For a notice to quit to be valid, it must be in writing and signed by the landlord or their authorised agent.
It should also:
Clearly identify the property, including the full address
Include the date it was issued;
Specify the date by which the tenant must vacate the property;
Include the name and contact details of the landlord.
How should you properly serve a notice to quit?
A notice to quit can be handed directly to the tenant or sent by registered post or recorded delivery.
If the tenancy agreement permits, it may also be served via email. However, it's important to request a read receipt of acknowledgment of email.
Whatever the delivery method, it's important to get proof of service. This can include signed receipts, postal receipts, email read receipts, or photographic evidence if the tenant was not present at the property and the notice was left there for them.
4 common mistakes to avoid when serving a notice to quit
Incorrect notice period
Incomplete information
Improper delivery
Ignoring the tenancy agreement.
To avoid all of the above, make sure you provide the correct notice based on the type of tenancy and always refer to the specific terms of the tenancy agreement if you're unsure.
You should also make sure all necessary details are included in the notice and follow the correct procedure for serving it. Failure to do either could end with the notice being deemed invalid.
If you are unsure about any part of the process, consult with a landlord and tenant solicitor. At Lawhive, our experienced network of solicitors is on hand to make sure your notice to quit is legally compliant and effectively served, minimising the risks of disputes and delays.
We provide support throughout the process, including representation in court if necessary. Contact us today to learn how we can assist you with a notice to quit or another eviction notice.