Please do not keep on calling section 8 or section 21 notices, ‘Notices to Quit’

Housing Law Week have re-published an article about ‘If a landlord needs to evict a tenant, in the vast majority of cases they need to serve a notice first. These are known as possession or eviction notices, and some people refer to them as ‘Notices to Quit’. However, this is not correct’

The original article can be seen here, and clarifies the distinction between a Notice to Quit and other types of eviction notices:

  1. Notice to Quit Defined: A Notice to Quit is a specific form of notice used to terminate a periodic tenancy or license at the end of the notice period. It formally ends the tenancy agreement.
  2. Evolution of Notices: While Notices to Quit were historically used for all tenancies, the Housing Act 1988 introduced section 8 and section 21 notices as the only forms of notice for recovering possession from assured or assured shorthold tenants.
  3. Effectiveness of Notices: Unlike section 21 or section 8 notices, which are part of the eviction process but don’t end the tenancy until a Court Order for Possession is made, a Notice to Quit immediately terminates the tenancy.
  4. Requirements for Notices to Quit: There is no prescribed form for a Notice to Quit, but it must include specific information outlined in the Protection from Eviction Act and be given to the tenant in writing at least four weeks before it takes effect. It cannot end a fixed-term tenancy and is typically used for periodic tenancies.
  5. Applicability for Landlords and Tenants: Landlords use Notices to Quit to end common law or unregulated tenancies, while tenants can use them to terminate periodic tenancies. Even if served by just one joint tenant, a Notice to Quit is sufficient to end the tenancy for all tenants.
  6. Importance of Legal Terminology: It’s crucial to use the correct legal terminology when discussing eviction notices to avoid confusion and ensure proper legal proceedings. Providing accurate information about the type of notice received helps in seeking appropriate legal advice.

In summary, understanding the distinction between Notices to Quit and other eviction notices is essential for both landlords and tenants to navigate the eviction process correctly and effectively.



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