Vernon Sellahewa
Dispute Resolution
Landlord’s guide to serving a Notice to Quit
A Notice to Quit is a notice that can be served by a landlord or tenant to terminate a periodic tenancy.
Who is entitled to serve a Notice to Quit?
It is a unilateral right and does not depend on the landlord or tenant needing a reason to terminate or either party accepting the notice. The tenancy must however be outside of the fixed term to serve the Notice to Quit.
A periodic assured or assured shorthold tenancy cannot be terminated by serving a Notice to Quit. A different notice is required to terminate these tenancies. If the periodic tenancy is a ‘business tenancy’ for the purposes of the Landlord and Tenant Act 1954 then a landlord wishing to terminate must serve a section 25 notice instead.
What must the Notice to Quit say?
A Notice to Quit must be clear and in writing. If the periodic tenancy relates to premises let as a dwelling, the Notice to Quit will need to contain the prescribed information required under section 5 of the Protection from Eviction Act 1977, unless this is excluded, and the notice must not provide less than four weeks’ notice.
The notice must state the correct notice period and should clearly state the date the notice expires. For example, for a monthly tenancy, a month’s notice is required.
How to serve a Notice to Quit?
Depending on what the tenancy agreement states, the best way to serve a Notice to Quit is by either instructing an agent to personally serve it on the tenant or posting the notice by recorded delivery. If a landlord serves the notice by first class post or recorded delivery, it is possible for a tenant to deny receipt unless the tenancy agreement contains a clause on deemed service once certain requirements are satisfied.
What to do after the notice period has expired?
If the tenant is still in the property after the notice period has expired, a landlord can commence possession proceedings.
Janeet Jawanda, Solicitor in our Dispute Resolution team, said:
“If a landlord wishes to serve a Notice to Quit on their tenant, it is best they obtain legal advice before doing so to ensure the notice is the correct notice and is also validly served. Landlords who fail to follow the correct process risk tenants disputing the validity of the notice and delays in the tenant leaving the property will inevitably follow.”