Notices

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 Principle 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
Even though their assured or secure status has been lost a contractual tenancy still remains in place
A Landlord must therefore take steps to 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 Notice?

Rules not clear
Firstly Check tenancy conditions
Always Serve Notice in accordance with tenancy condition

– 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.
Cannot dispense with service of NTQ
Make a careful note of service

Subletting Cases What Notice Shall I Serve?

Whether assured or secure tenancy you still need to take steps to end the tenancy
In subletting cases – Investigation is the key to success at trial.
Investigate fully before serving any Notices upon your tenant.
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

Why Serve a NoSP and an NTQ?

Belt ‘n’ braces approach
Enables you to rely on both a mandatory ground (i.e. NTQ) and in the alternative, a discretionary ground (Ground 12 Breach of tenancy) at any possession hearing
Very useful in suspected abandonment cases where the issue of abandonment is not clear cut
Useful in cases where T may have moved back into the property before the expiry of the NTQ
Useful in cases where you cannot locate T and there is no service clause provision within the tenancy agreement
Dispense with service of NoSP?
You can decide at court whether to rely on the NTQ or the NoSP?
Your decision will no doubt depend upon whether T attends court and what explanation he/she gives for their long term absence from the property

Who Do I Address The Notice To?

YOUR tenant!
Never 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

Assured- S.8 NoSP- General Criteria

Section 8 of the Housing Act 1988 applies
In most cases, the court will not grant an order for possession unless a NoSP is served on T by L
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 as amended by the Housing Act 1996 (e.g. G8,10, 11, 12) and 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 usually it will specify 4 weeks. Also if serving by 1st class post allow a further 2 clear working days for expiry of the NOSP.

Section 83 of the Housing Act 1985 applies
Again, in most cases, the court will not grant an order for possession unless a NoSP is served on T by L
NoSP should be in a prescribed form informing the tenant that:-

L intends to begin proceedings for possession

Specify the grounds (e.g. G1) and 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 G1

Proceedings will not begin later than 12 months from the date specified within the notice

NoSP- Particulars of Breach?

What information do you include within the particulars of breach?

Evidence of breach i.e. non-occupation or unlawful sub-letting, rent arrears, non access, suspected abandonment and other breaches of tenancy.

How much evidence should you include?

No need to include everything
Be specific and selective
Must show that incidents/evidence relied upon amounts to breach of tenancy

My NoSP is Wrong!

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 mandatory grounds i.e. G8 or if an NTQ is being relied upon
Court does not have the power to vary a NoSP, therefore it’s all or nothing!

'Just and Equitable'?

Are you in the ‘lap of the gods’?

Pretty much….

Test has a wide ambit?
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 will be expected to get it right first time!
Probably best to serve a new NoSP to avoid claim being struck out & wait another 2/4 wks before issuing

Nuisance- Ground 14

If you are serving a Notice using Ground 14 (Nuisance/ Anti-Social Behaviour) 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.

In Nuisance and Anti Social Behaviour cases your NOSP should include full particulars of breach i.e On x day you did x. You may find it helpful to prepare a chronological schedule of incidents which can be attached to your NOSP.

Your Notice should include a date or you could simply put “on the day after this notice is served upon you”

My Notices Have "Expired"- What Now?!

Issue proceedings
N5 – Claim Form
N119 – Particulars of Claim
Set out two alternatives if relevant e.g. NTQ and NoSP
Witness statements with evidence
Issue and get court to list for hearing
If rent case it will be classed as a standard possession case – In all other cases alleging breach of tenancy or where a NTQ has been served write to the court advising them that the matter is likely to take longer – usually 30 minutes for a first hearing.

Terminating an Assured Shorthold or “Starter” Tenancy

Whats the Difference?

In law there is no real difference except ….

Providing the tenant complies with the terms of the “Starter” tenancy for the first 12 months, the tenancy will be converted (sometimes automatically) to an assured non shorthold tenancy unless…..

The probationary period has been extended or usually if steps are taken to end the tenancy
Internal appeal?

Former HC guidance says that RP should not use mandatory grounds (i.e. S.21 HA1988) to end a Starter tenancy unless ASB is being committed

How Do You End an AST/Starter Tenancy using S.21 HA 1988?

Notice of at least 2 months
Sometimes called S.21 Notice or Notice Requiring Possession (or “NRP”)
So long as the notice is valid and correctly served no other defences should be available to the tenant
Possible Public Law/Human Rights Defences?
Court cannot make a possession order within the first 6 months of an AST/Starter
If urgent consider other routes i.e. S.8 NOSP
Can only issue proceedings after end of any fixed term – unless there 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 tenant not less than two months’ notice in writing that he requires possession

S.21 (2)

A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end…

E.g. Fixed term tenancy for 6 months from 1st January until 30th June

Notice can be served up to and including 30th June

Notice cannot expire before 30th June as AST has not come to an end

S.21 (4) – During Periodic Tenancy

..a court shall make an order for possession if…

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?

Check the tenancy agreement
E.g. 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, 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”.

Share this article