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Termination of Tenancies

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 March 2021 (this period could be extended or altered) the usual notice periods have been amended as follows:

At least 6 months, to be given on or before the end of the contractual term

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 March 2021 (this period could be extended or altered) the usual notice periods have been amended as follows:

At least 6 months (but does not need to expire on the last day of a period of the tenancy)

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 March 2021 (this period could be extended or altered) the usual notice periods have been 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.

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 March 2021 (this period could be extended or altered) the usual notice periods have been 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.

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 March 2021 (this period could be extended or altered) the usual notice periods have been 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

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 March 2021 (this period could be extended or altered) the usual notice periods have been 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

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

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