There are two types of ‘notice to quit’ to be used to cease an AST:-
– Section 21 notice (Form 6A) where no reason (ground) is required to request the end of the tenancy. However, all the documentation needs to be correct, and it cannot be used at certain times.
– Section 8 (Form 3) where a ground is required. However, it can be used at any time – provided the ground(s) cited are met, and does not require all the required documentation to be in place.
Note that the rules and regulations regarding notices has changed considerably since March 2020, and it is critical to stay on top of the latest rules.
But to reinforce that there is nothing stopping a landlord serving a ‘notice to quit’ where it is really required.
Section 21 – Form 6A
- Is a 6 month notice (normally 2 months);
- Prescribed form, and a prescribed format;
- Cannot be issued in the first 4 months of AST;
- Must be used within 10 (normally 6) months of issue;
- Tenants have statutory right to claim back any overpayment of rent;
Must have valid:-
- Gas safety inspection report;
- Cannot be used:-
- If deposit not protected;
- Property not licensed where one was required
- If banned fees have been made (after June 1st 2020)
Must issue CLG ‘How to Rent booklet’ (advised at start of tenancy)
Section 8 (Form 3)
A Section 8 is used to end the tenancy when the tenant(s) is not complying with the agreement (AST), commonly not paying rent.
It is a notice that can be used at any time, and is not dependent on getting the date correct, but relies on good proof to the court, and not all grounds have a mandatory eviction notice following.
Normally, a Section 8 is used when the tenant(s) is overdue with the rent. It is good practice to raise a Section 8 using three grounds:-
– Ground 8:-
– Arrears must be at least:
– 8 weeks if rent paid weekly or fortnightly
– 2 months if paid monthly
– 1 quarter if rent paid quarterly
– 3 months if rent paid annually
– Arrears must exist at both time of service of notice and time of the Court hearing
– Mandatory ground
Ground 10: –
– Some rent lawfully due from tenant at time of service of Section 8 notice and at time Court proceedings commenced
– Discretionary ground
Ground 11: –
– Tenant has persistently delayed in paying rent which has become lawfully due
– No rent needs to be in arrears at time of the issue of proceedings
– Discretionary ground
It is critical to keep good records, especially if at the time of the hearing the tenant(s) has paid off some of the rent, to bring them below the 2 month arrears limit.