Free Eviction Notices (Residential)

Free Eviction Notices (Residential)

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Eviction Notices (Residential)

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Notice seeking possession of a property let on an Assured Shorthold Tenancy

Housing Act 1988, Section 21(1)(b) as amended by section 194 and paragraph 103 of
Schedule 11 to the Local Government and Housing Act 1989 and section 98(2) and (3) of the
Housing Act 1996

  • This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.
  • There are certain circumstances in which the law says that you cannot seek possession against your tenant using section 21 of the Housing Act 1988, in which case you should not use this form. These are:
    1. during the first four months of the tenancy (but where the tenancy is a replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy - see section 21(4B) of the Housing Act 1988);
    2. where the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015;
    3. where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Department for Communities and Local Government's publication "How to rent: the checklist for renting in England" (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015);
    4. where the landlord has not complied with the tenancy deposit protection legislation; or
    5. where a property requires a license but is unlicensed.

    Landlords who are unsure about whether they are affected by these provisions should seek specialist advice.

  • This form must be used for all ASTs created on or after 1 October 2015 except for statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed term ASTs created before 1 October 2015. There is no obligation to use this form in relation to ASTs created prior to 1 October 2015, however it may nevertheless be used for all ASTs.

What to do if this notice is served on you

  • You should read this notice very carefully. It explains that your landlord has started the process to regain possession of the property referred to in section 2 below.
  • You are entitled to at least two months' notice before being required to give up possession of the property. However, if your tenancy started on a periodic basis without any initial fixed term, a longer notice period may be required depending on how often you are required to pay rent (for example, if you pay rent quarterly, then you must be given at least three months' notice, or, if you have a periodic tenancy which is half yearly or annual, you must be given at least six months' notice (which is the maximum)). The date you are required to leave should be shown in section 2 below. After this date, the landlord can apply to court for a possession order against you.
  • Where your tenancy is terminated before the end of a period of your tenancy (e.g. where you pay rent in advance on the first of each month and you are required to give up possession in the middle of the month), you may be entitled to repayment of rent from the landlord under section 2C of the Housing Act 1988.
  • If you need advice about this notice, and what you should do about it, take it immediately to a citizens' advice bureau, a housing advice centre, a law centre or a solicitor.



  1. To Tenant: ____________________
  2. You are required to leave the below address after 27 July 2017 (See note 1 below). If you do not leave, your landlord may apply to the court for an order under section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.

    Address of Premises: ____________________.
  3. This notice is valid for six months only from the date of issue unless you have a periodic tenancy under which more than two months' notice is required (see notes accompanying this form) in which case this notice is valid for four months only from the date specified in section 2 above.
  4. Name and address of landlord

    To be signed and dated by the landlord or their agent (someone acting for him).  If there are joint landlords, each landlord or the agent, should sign unless one signs on behalf of the rest with their agreement.

    SIGNED by the Landlord

    _____________________________

    Dated: 27th day of July, 2017


    Name
    ____________________

    Address
    _________________ _________________, _________________, , __________________, __________________

    Telephone (Daytime)
    __________

    Telephone (Evening)
    __________

(Note 1) Landlords should insert a calendar date here. The date should allow sufficient time to ensure that the notice is properly served on the tenant(s). This will depend on the method of service being used and the landlords should check whether the tenancy agreement makes specific provision about service. Where landlords are seeking an order for possession on a periodic tenancy under section 21(4) of the Housing Act 1988, the notice period should also not be shorter than the period of the tenancy (up to a maximum of six months), e.g. where there is a quarterly periodic tenancy, the date should be three months from the date of service.

Residential Eviction and Lease Notices

Landlords in England, Northern Ireland, Scotland, and Wales require specific notice forms to evict tenants from a residential property. LawDepot offers the forms you need for your country and allows you to customise them to your situation.

Evicting a tenant in England and Wales

In England and Wales, landlords can use a Section 21 Notice (Fixed or Periodic) or Section 8 Notice to evict a tenant.

What is a Section 21 Notice Letter?

A Section 21 Notice, also known as a Notice Requiring Possession, can be used to terminate a fixed or periodic Assured Shorthold Tenancy (AST) after the term is over.

What is the difference between a fixed and periodic tenancy?

A fixed term tenancy has a specific end date (e.g. May 30).

A periodic tenancy has no end date and automatically renews every week or month.

A tenant can begin a tenancy for a fixed or periodic term. If neither party chooses to end a tenancy after a fixed term expires, it automatically rolls into a periodic tenancy.

Who should use a Section 21 Eviction Notice?

A Section 21 Notice is typically used by a landlord to terminate a fixed or periodic Assured Shorthold Tenancy and regain possession of the dwelling after the term has expired.

What does a Section 21 Eviction Notice include?

A Section 21 Notice includes the following information:

  • Name, address, and phone number of the landlord
  • Name and address of the tenant
  • Date the notice is served
  • Date of repossession
  • Reference to Section 21 of the Housing Act

What is a Section 8 Notice?

A Section 8 Notice, also referred to as a Section 8 Possession Notice, is used by landlords to terminate an Assured Shorthold Tenancy before the fixed term has ended.

When can I use a Section 8 Eviction Notice?

A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. The order must specify the landlord's intentions of regaining possession to the dwelling, and also the mandatory or discretionary grounds for eviction.

What is the difference between mandatory and discretionary grounds for eviction?

If one of the mandatory grounds for eviction is proven in court, the judge must grant a possession order to the landlord. Conversely, discretionary grounds are subjective, and the possession order is granted at the court's discretion.

What does a Section 8 Possession Notice include?

A Section 8 Notice includes the following information:

  • Name and address of both the landlord and tenant
  • Date the notice is served
  • Repossession date
  • The statutory grounds that the tenant violated
  • Reference to Section 8 of the Housing Act

Evicting a tenant in Northern Ireland

In Ireland, a Notice to Quit is used to evict a tenant.

What is a Notice to Quit?

A Notice to Quit is a written eviction notice that a landlord or tenant can use to end a residential tenancy.

When can I use a Notice to Quit?

A Notice to Quit can be used to end a fixed or periodic tenancy when:

  • A tenant breaches the Tenancy Agreement within a fixed or periodic term (e.g. tenant has failed to pay rent).
  • A landlord or tenant wishes to end a periodic tenancy.

How do I deliver a Notice to Quit letter?

You must serve the Notice to Quit within the appropriate notice period, which will depend on how long the tenant has lived in the property or the stated notice period in the Tenancy Agreement.

The notice form should be delivered in person, by mail, or electronically. You can ensure the notice was received by using recorded delivery, asking a third party to witness the delivery, or requesting a response from the tenant once they've received the letter.

Both parties should have a written copy of the notice for their records.

What is included in a Notice to Quit?

A Notice to Quit should include the following information:

  • Landlord and tenant contact information
  • Address of the premises
  • How the tenant breached the agreement, citing the breach
  • Last day of the tenancy
  • Instructions regarding security deposit, property inspection, or key drop off

Evicting a tenant in Scotland

In Scotland, a Notice to Quit form is used to evict a tenant or end a tenancy. Scottish landlords must also issue a Section 33 Notice to end a tenancy, or a Form AT6 when the tenant has breached the agreement before the term is over.

What is a Section 33 Notice?

When a landlord wishes to end a Short Assured Tenancy, they must provide their tenant with a Section 33 Notice and a Notice to Quit.

A Section 33 Notice states that the landlord wants to repossess the property and provides a date of repossession.

Unless otherwise stated in the Tenancy Agreement, the minimum notice period for a Section 33 Notice is two months. If you do not issue the notices before the fixed term expires, the tenancy will automatically continue in what is known as tacit relocation.

What is a Form AT6 (Notice of Proceedings)?

If the tenant has breached the Tenancy Agreement under one of the grounds for eviction, the landlord must give them a Form AT6, also called a Section 19 Notice or Notice of Proceedings, and a Notice to Quit.

The Form AT6 states the grounds for eviction and the landlord's intention to start legal proceedings to gain possession of the property. You can serve the Form AT6 and Notice to Quit forms together or separately. The length of notice depends on the grounds for eviction and length of tenancy.

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