Guide to Periods of Notice to Terminate Occupation - Residential Property

This note has been prepared on the basis of the “usual” notice periods and not the periods as varied by The Coronavirus Act 2020 or any other legislation as a result of the coronavirus pandemic. For amended notice periods during the coronavirus pandemic relating to some agricultural and residential tenancies (marked with a *), please see the separate sub-headings below.

Basis of occupation	Notice period
Residential property
Assured shorthold tenancy at end of fixed term*	At least 2 months, to be given on or before the end of the contractual term NB: for notices served on or after 29 August 2020 until 31 May 2021 the usual notice periods were amended as follows: At least 6 months, to be given on or before the end of the contractual term NB: For notices served on or after 1 June 2021 until 30 September 2021 the usual notice periods were extended as follows: At least 4 months, to be given on or before the end of the contractual term From 1 October 2021, these revert to the “usual” notice periods.
Assured shorthold tenancy to end periodic tenancy which arises after expiration of fixed term*	At least 2 months (but does not need to expire on the last day of a period of the tenancy) NB: for notices served on or after 29 August 2020 until 31 May 2021 the usual notice periods were amended as follows: At least 6 months (but does not need to expire on the last day of a period of the tenancy) NB: For notices served on or after 1 June 2021 until 30 September 2021 the usual notice periods were extended as follows: At least 4 months (but does not need to expire on the last day of a period of the tenancy) From 1 October 2021, these revert to the “usual” notice periods.
Assured shorthold tenancy periodic from the outset*	At least 2 months and the amount of notice must match a period of the tenancy. If the rent is payable monthly, 2 months’ notice must be given (it does not need to expire on the last day of a period of the tenancy). If rent is payable quarterly, at least one quarter’s notice must be given. NB: for notices served on or after 29 August 2020 until 31 May 2021 the usual notice periods were amended as follows: At least 6 months and the amount of notice must match a period of the tenancy. If the rent is payable monthly, 6 months’ notice must be given (it does not need to expire on the last day of a period of the tenancy). If rent is payable quarterly, at least 6 months’ notice must be given. NB: For notices served on or after 1 June 2021 until 30 September 2021 the usual notice periods were extended as follows: At least 4 months and the amount of notice must match a period of the tenancy. If the rent is payable monthly, 4 months’ notice must be given (it does not need to expire on the last day of a period of the tenancy). If rent is payable quarterly, at least 4 months’ notice must be given. From 1 October 2021, these revert to the “usual” notice periods.
Assured tenancy during/at the end of fixed term*	Ground 14 – proceedings not to be started earlier than service of the notice. No notice period. Grounds 1, 2, 5, 6, 7, 9, 16 – 2 months Ground 7A – 1 month Any other ground – 2 weeks NB: for notices served on or after 29 August 2020 until 31 May 2021 the usual notice periods were amended as follows: Grounds 1 to 6, 9, 12, 13, 15 and/or 16 – at least 6 months’ notice Grounds 8, 10 and/or 11 where less than 6 months’ rent is in arrears – at least 6 months’ notice Grounds 8, 10 and/or 11 where more than 6 months’ rent is in arrears – at least 4 weeks’ notice Grounds 7 and/or 7B – at least 3 months’ notice Grounds 14A, 14ZA and/or 17 – at least 2 weeks’ notice Ground 7A – at least one months’ notice (and within a specified period set out in Ground 7A of the conviction upon which the landlord relies) Ground 14 – proceedings not to be started earlier than service of the notice. No notice period. NB: for notices served on or after 1 June 2021 until 30 September 2021 the usual notice periods were amended as follows: Grounds 1 to 6, 9, 12, 13, 15 and/or 16 – at least 4 months’ notice If notice is served between 1 June and 31 July 2021 and Grounds 8, 10 and/or 11 are relied upon with no other ground and where less than 4 months’ rent is in arrears – at least 4 months’ notice If notice is served between 1 August and 30 September 2021 and Grounds 8, 10 and/or 11 are relied upon with no other ground and where less than 4 months’ rent is in arrears – at least 2 months’ notice Grounds 8, 10 and/or 11 where more than 4 months’ rent is in arrears – at least 4 weeks’ notice Ground 7 – at least 2 months’ notice Grounds 7B, 14A, 14ZA and/or 17 – at least 2 weeks’ notice Ground 7A – at least one months’ notice (and within a specified period set out in Ground 7A of the conviction upon which the landlord relies) Ground 14 – proceedings not to be started earlier than service of the notice. No notice period. From 1 October 2021, these revert to the “usual” notice periods.
Licence of residential premises	At least 4 weeks, but more if the contract so provides
Rent Act “protected” tenancy*	Contractual tenancy can be brought to an end by the ordinary contractual methods (e.g. notice to quit, forfeiture, expiration of fixed term) which converts the tenancy to a statutory tenancy and the tenant retains security of tenure. A contractual tenancy can also be converted into a Rent Act “statutory tenancy” by serving a Notice of Increase of Rent under Section 49 of the Rent Act 1977 NB: for notices served on or after 29 August 2020 until 31 May 2021 the usual notice periods were amended as follows: Case 2, where rent arrears are more than 6 months – notice period of 4 weeks, whether or not any other cases apply Case 10A (no right to rent) – at least 3 months’ notice All other cases – at least 6 months’ notice NB: for notices served on or after 1 June 2021 until 30 September 2021 the usual notice periods were amended as follows: Case 2, where rent arrears are more than 4 months – notice period of 4 weeks, whether or not any other cases apply Case 10A (no right to rent) – at least 4 weeks’ notice Where Case 2 and 10A do not apply and Case 1 applies (provided no other cases apply) and less than 4 months’ rent is unpaid and Notice is served on or after 1 August 2021, 2 months All other cases – at least 4 months’ notice From 1 October 2021, these revert to the “usual” notice periods.
Rent Act “statutory” tenancy*	None required but subject to proving statutory ground for possession NB: for notices served on or after 29 August 2020 until 31 May 2021 the usual notice periods were amended as follows: Case 2, where rent arrears are more than 6 months – notice period of 4 weeks, whether or not any other cases apply Case 10A (no right to rent) – at least 3 months’ notice All other cases – at least 6 months’ notice NB: for notices served on or after 1 June 2021 until 30 September 2021 (this period could be extended or altered) the usual notice periods were amended as follows: Case 2, where rent arrears are more than 4 months – notice period of 4 weeks, whether or not any other cases apply Case 10A (no right to rent) – at least 4 weeks’ notice Where Case 2 and 10A do not apply and Case 1 applies (provided no other cases apply) and less than 4 months’ rent is unpaid and Notice is served on or after 1 August 2021, 2 months All other cases – at least 4 months’ notice From 1 October 2021, these revert to the “usual” notice periods.
Secure Tenancy	Ground 2 – immediately Any other ground – minimum of 28 days (in order to comply with the Protection from Eviction Act 1977) expiring at the end of any period of the tenancy