Notice that you must leave a brief guide for landlords and tenants.pdf

Notice that you must leave

a brief guide for landlords and tenants

housing

Notice that you must leave

This booklet explains the basic rules about bringing a

residential tenancy (or licence) to an end:

• either by the landlord or tenant serving notice to quit;

• by a landlord serving a notice of his or her intention to

seek possession.

Like the other booklets referred to in the text, it appears

in the series of housing booklets produced jointly by

Communities and Local Government and the Welsh

Assembly Government.

It is divided into three sections:

• notice by landlords

• notice by tenants

• licences

This booklet does not give an authoritative interpretation

of the law; only the courts can do that. Nor does it cover

all cases. If you are in doubt about your legal rights or

obligations you would be well advised to seek information

from a Citizens Advice Bureau or consult a solicitor. Help

with all or part of the cost of legal advice may be

available under the Legal Aid scheme depending on your

personal circumstances.

Contents

How to bring a tenancy or licence to an end

Must a landlord serve notice?

What is an excluded tenancy?

Landlord’s notice to quit

What are the rules for serving a notice to quit?

Notice of intention to seek possession

What are the rules about a notice of intention

to seek possession?

After the notice runs out

Questions on possession

Notice by tenants

What must a tenant do if he or she wants to give

up his or her tenancy?

Licences

Does a licensor have to give notice to

end a licence?

What is an excluded licence?

Rental Purchase Agreements

How to bring a tenancy or licence to an end

People who live in property for which they pay a rent or

charge to another person will be either tenants or

licensees, depending on the terms of the agreement

which lets them live in their home. The person who is the

other party to the agreement will be the landlord or

licensor. Tenants have rights and obligations set out in

their tenancy agreement and additional rights and

obligations in legislation. These rights may vary depending

on when the tenancy agreement was entered into.

Licensees have fewer rights. This booklet sets out the

position on the notice which the landlord or licensor must

give when he or she wants his or her property back, and

the notice the tenant or licencee must give. The type of

notice will depend on the type of agreement the tenant

or licensee has and the terms of the agreement.

The features of regulated tenancies under the Rent Act

are described in the housing booklet Regulated Tenancies ;

new-style assured and shorthold tenancies are described in

Assured and Assured Shorthold Tenancies: a Guide for

Tenants and Assured and Assured Shorthold Tenancies:

a Guide for Landlords ; housing association lettings in a

series of residential charters published by the Housing

Corporation and lettings to agricultural workers in

Agricultural Lettings No 23. Secure tenancies such as

most council tenancies are discussed in the booklet

Your Rights as a Council Tenant which covers the notice

provisions for secure tenants. Tenancies under the Landlord

and Tenant Act 1954 and the Agricultural Holdings Act

1986 are not covered in this booklet. If you are not sure

which type of tenancy applies in your case, look at these

booklets. They are available from Citizens Advice Bureaux

and rent officers, and direct from Communities and Local

Government or the Welsh Assembly Government. You can

find the address of the nearest Citizens Advice Bureau or

rent officer in the phone book, or from your local council,

or the local library. Tenants with long leases at low rents

should see the Communities and Local Government booklet

Long Residential Tenancies: Your Rights to Security of

Tenure .

How to bring a tenancy to an end

Bringing a tenancy to an end

Must a landlord serve notice on his or her tenant to bring

a tenancy to an end in every case?

No (see below). But if the dwelling is let under a periodic

tenancy which is a tenancy running from week to week

or month to month, or some other period, with no date

fixed for the tenancy to end the landlord must normally

serve either a notice to quit or a notice seeking possession .

These notices must be in prescribed form – that is, they

must contain certain information required by law. A notice

to quit does not have to be in a prescribed form if the

tenancy is an excluded tenancy (see below).

When does a landlord not need to serve a notice in

prescribed form?

Fixed term tenancies which are granted for definite

periods end automatically when the agreed period of the

tenancy runs out, though the tenant may have a right to

remain in residence under statute.

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