Notice to Quit
• When should you serve a NTQ?
As soon as you believe that the tenant is no longer using their property as his/her “only or principal home”.
• Why should you serve a NTQ?
In order to end the contractual tenancy
– Abandonment will not end the tenancy
– To obtain an mandatory outright Order for Possession
“Only or Principal Home”
• A requirement for both assured and secure tenancies is that the tenant uses their property as his/her “only or principal home”.
• If they fail to do so, then they lose their assured or secure status
• A contractual tenancy still remains in place
• A Landlord must end the contractual tenancy by obtaining (and enforcing) an Order for Possession
Validity Of a Landlord’s Notice To Quit
• In order for your NTQ to be valid it must be:-
• In writing
• Contain the prescribed information (although no prescribed form)
• Be given not less than 4 weeks (28 days) before the date on which it is to take effect
• It must expire on the last (or first) day of the period of the tenancy e.g. if weekly tenancy starting on a Monday – will presumably expire on Sunday/Monday
• Always use a “saving clause”
• Must be validly served
How Do You Serve a Notice?
• The rules are sometimes not clear
• Firstly Check tenancy conditions
• Always Serve Notice in accordance with tenancy conditions
– E.g. by hand delivery via letter box or 1st class post?
• Beware of communal door!
• What if tenancy has no “service” conditions?
• “Personal” service – The Notice should be served personally so the tenant cannot dispute service at a later date. The Court must be satisfied that the Notice has been validly served.
• The Court cannot dispense with service of NTQ
• Make a careful note of service
Subletting
• Whether assured or secure tenancy you still need to take steps to end the tenancy
• In subletting cases – Investigate to make sure you can prove the subletting.
• Serve a Notice to Quit
• If the Tenants have sublet then as soon as they know about your investigations there is a possibility that they might move back in?
• Subletting is ALSO likely to be a breach of their tenancy
• So serve a NoSP on Ground 12 (assured) or Ground 1 (secure)
Service of NoSP and NTQ?
• Can you serve them together?
Yes…
• How should you serve them?
On a “without prejudice” basis to each other
• Why?
The two notices are inconsistent with each other
– Expiry of NTQ = L claiming that there is no assured tenancy in existence
– Expiry of NoSP = L is claiming that there is an assured tenancy which has been breached
Who Do I Address The Notice To?
• YOUR tenant!
• Never to the sub-tenant(s) or any of other occupants
• Why?
• You only have a legal relationship with your tenant(s) and no one else!
• Any notice addressed to the sub-tenant(s) or the occupants will be invalid
• You do not have an agreement with them
Notice Seeking Possession- Assured Tenancies
- Section 8 of the Housing Act 1988 applies
- NoSP should be in a prescribed form informing the tenant that:-
– L intends to begin proceedings for possession
– Specify the grounds under Schedule 2 of the Housing Act 1988 (e.g. G8,10, 11, 12) – give particulars of the ground and particulars of breach
– Proceedings will not begin earlier than the date specified in the notice i.e. not earlier than 2 weeks for G8, G10 & G11
– Proceedings will not begin later than 12 months from the date of service of the notice
– Note whilst the statutory provision states 2 weeks ALWAYS check your tenancy agreement provisions – This is a contractual term and it may specify 4 weeks. If serving by 1st class post allow 2 clear working days.
Notice Seeking Possession- Secure Tenancies
- Section 83 of the Housing Act 1985 applies
- NoSP should be in a prescribed form informing the tenant that:-
– L intends to begin proceedings for possession
– Specify the grounds (e.g. Ground 1)
– Give particulars of the ground and particulars of breach
– Proceedings will not begin earlier than the date specified in the notice i.e. not earlier than 4 weeks for Ground 1
– Proceedings will not begin later than 12 months from the date specified within the notice
Defects in NOSP
• Don’t panic!
• For both secure and assured tenancies, the court has the power to ‘dispense with service’ of a NoSP if it is consider to be ‘just and equitable’ to do so’
• Assured – S.8(1)(b) of the HA 1988 applies
• Secure – S.83 (1)(b) of the HA 1985 applies
• The court does not have this power where possession is sought under Ground 8
• Court does not have the power to vary a NoSP
‘Just and Equitable’?
• Test depends on the individual circumstances of the case
• Will either party suffer any prejudice?
• Will T be confused by the error made in the notice?
– If minor error i.e. typo – L should be okay
– If major error i.e. wrong notice period or wrong ground pleaded, then probably not
• Social landlords are usually expected to get it right
• Probably best to serve a new NoSP to avoid claim being struck out & wait another 2/4 wks before issuing
NUISANCE GROUNDS 4
• If you are serving a Notice using Ground 14 (/Assured) or Ground 2 (Secure) then you can issue proceedings as soon as the Notice has been validly served upon the Tenant. Note if there are other breaches include them in the NOSP.
• Your NOSP should include full particulars of breach i.e On x day at X o'clock you did z. Prepare a chronological schedule of incidents to be attached to your NOSP.
S. 21 Notices
- To end Assured Shorthold (Starter Tenancy)
- Notice of at least 2 months
- Best called S.21 Notice (or Notice Requiring Possession)
- Court cannot make a possession order within the first 6 months of an AST/Starter
– If urgent consider other routes i.e. Notice Seeking Possession
- Can only issue proceedings after end of any fixed term – (is a break clause?)
s.21(1) – During the Fixed Term
• ..a court shall make an order for possession ….if..
– The AST has come to an end and no further assured tenancy is.. in existence other than an Assured Shorthold periodic tenancy: and
The landlord has given to the teanant not less than 2 months' notice in writing that he requires possession.
S.21 (4) – During the Peridoic Tenancy
a Court shall make an order for possession is…
The Landlord has given to the tenant a notice in writing stating that after a date specified in the notice, being the last day of a period of the tenancy, and not earlier than two months' after the date the notice was given, possession of the dwelling-house is required by virtue of this section.
5 Crucial Points
- in writing
- after
- being the last day of a period of the tenancy
- not earlier than two months after the date the notice was given
- by virtue of this section
“The last day of a period”
• Q. What day did the tenancy start?
• Q. Is it weekly or monthly tenancy?
– If weekly tenancy starting on a Monday then last day of a period would be a Sunday
– If monthly tenancy starting on 1st then last day of a period would be last day of the calendar month (30th/31st)
• If tenancy is silent?
– Use the last rent period payable to determine period of tenancy
– E.g. If rent payable on 14th of each month = monthly tenancy with last day of period being 13th of each month
• Always use a “saving” clause
“…Or if this notice would otherwise be ineffective at the end of the period of your tenancy which will end after the expiry of two months from the service upon you of this notice”.