If your landlord wants you to leave, they must give you notice in a particular way.
Your landlord may need to have given you specific documents for your notice to be valid. This depends on the type of tenancy agreement and its terms. For example, they may be required to give you a gas safety certificate, an energy certificate and a copy of the How to rent guide.
Assured shorthold tenancies (ASTs)
Your landlord can take back their property without giving any reason if you have either:
- periodic tenancy (sometimes called a ‘rolling tenancy’)
- a fixed-term tenancy that has ended
This is called a Section 21 notice.
To do this, all of the following must apply:
- they’ve protected your deposit in a deposit protection scheme, if the tenancy began or was renewed on or after 6 April 2007
- they’ve given you at least 2 months written notice that they want the property back (‘notice to quit’)
- the date you must leave is at least 6 months after your original tenancy began (the date you moved in)
Your landlord must serve you notice using the correct form. Shelter has information on checking if your eviction notice is valid.
If your tenancy started or was renewed after 1 October 2015
Your landlord cannot evict you if they’ve been served notice by the council because of a complaint you made to the council about the living conditions in the property.
Your landlord must also have given you:
- a copy of the leaflet ‘How to rent: the checklist for renting in England’
- an energy performance certificate
- a gas safety certificate
If you’ve been asked to leave during the fixed term
Your landlord can only ask you to leave during the fixed term if they have certain reasons (‘grounds’). For example, if:
- you’re behind with your rent payments (‘in arrears’)
- you’ve used the property for illegal purposes, like selling drugs
- you’ve damaged the property
This is called a Section 8 notice.
The notice period your landlord gives you will depend on the reason (‘ground’). Read Annex A of the guidance for private tenants to find out more about notice periods.
Assured tenancies
Your landlord will need to use one of the reasons or ‘grounds’ for possession in the Housing Act 1988.
Excluded tenancies or licences
You’ll often have an excluded tenancy or licence if you live with your landlord as a lodger and share rooms with them.
Your landlord only needs to give ‘reasonable notice’ to quit. Usually this means the length of the rental payment period – so if you pay rent monthly, you’ll get one month’s notice.
The notice does not have to be in writing.
Non-excluded tenancy or licence
Your landlord can end the let at any time by serving a written ‘notice to quit’. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.
Break clauses
If there’s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord does not have a guaranteed right to possession during the first 6 months of the tenancy.
If you do not leave the property
Your landlord cannot remove you by force. If the notice period expires and you do not leave the property, your landlord may start the process of eviction through the courts.
If you have an excluded tenancy or licence you can be evicted without a court order.
As an expert in property law and tenancy agreements, I can confidently provide information on the concepts mentioned in the article you provided. My depth of knowledge in this field allows me to explain the intricacies of landlord-tenant relationships and the legalities surrounding eviction notices.
The article covers various types of tenancy agreements and the specific requirements landlords must fulfill when serving eviction notices. Here's a breakdown of the key concepts:
-
Notice Requirements for Leaving:
- Landlords must give notice in a particular way.
- Specific documents may be required for the notice to be valid, depending on the type of tenancy agreement and its terms.
-
Assured Shorthold Tenancies (ASTs):
- Landlords can take back their property without giving a reason under certain conditions.
- Section 21 notice is used for this purpose, and requirements include protecting the tenant's deposit and providing at least 2 months' written notice.
-
Eviction During Fixed Term (Section 8 Notice):
- Landlords can only ask tenants to leave during the fixed term if specific reasons (grounds) exist, such as rent arrears, illegal activities, or property damage.
-
Assured Tenancies:
- Landlords need to use reasons or 'grounds' for possession outlined in the Housing Act 1988.
-
Excluded Tenancies or Licences:
- 'Reasonable notice' to quit is required, often equivalent to the length of the rental payment period.
- Notice does not have to be in writing.
-
Non-excluded Tenancy or Licence:
- Landlords can end the let at any time by serving a written 'notice to quit,' with the notice period depending on the tenancy or agreement.
-
Break Clauses:
- Landlords can give notice if there's a break clause in the tenancy agreement, but there's no guaranteed right to possession during the first 6 months.
-
Eviction Process:
- If the tenant does not leave after the notice period, the landlord may start the eviction process through the courts.
- Excluded tenancies or licences may allow eviction without a court order.
This comprehensive overview should give you a clear understanding of the various aspects related to eviction notices and tenancy agreements. If you have any specific questions or need further clarification on certain points, feel free to ask.
