Notice to Quit/ Notice Seeking Possession
A landlord must serve a formal Notice to Quit (more properly known as a Notice Seeking Possession) on the tenant to end a tenancy. The most common reason for seeking possession is rent arrears although there are other legitimate reasons such as noise nuisance and property damage.
- The two types of statutory Notice to Quit are the Section 8 Notice and the Section 21 Notice. Take Pro-Leagle's Notice to Quit Eligibility Test to determine which notice to use.
- Drafting a Notice to Quit can be a complex process and is often over-simplified by general providers. For these reasons, 70% of Notices to Quit are thrown out of Court due to invalidity. Pro-Leagle offer a fully-automated, online Notice to Quit Generator offering advice and complete preparation of documentation. This service is suitable for laymen and professionals alike. Pro-Leagle also offer a personal Tenant Eviction service including County Court proceedings.
Section 8 Notice to Quit: This Notice is used to end a tenancy before the expiry of the fixed term of an Assured Shorthold Tenancy Agreement. Section 8 Notices usually require a Court application for enforcement. The tenant has no obligation to vacate until a Court Order for possession and possibly rent arrears is made.
Section 21 Notice to Quit (Assured Shorthold or Periodic Tenancy): This Notice is used to end a tenancy after the expiry date of a fixed term of an Assured Shorthold Tenancy Agreement (although it can be served at any time during a tenancy).
- Providing the Section 21 Notice is valid the tenant must vacate and no grounds for eviction are required. A County Court application for possession will only be necessary if the tenant does not vacate.
- Section 21 Notices to Quit do not deal with rent arrears. If the tenant vacates on receipt of the Notice, recovery of rent arrears may prove difficult.
- If a Notice is invalid the eviction process will need to be restarted from scratch, which will be an expensive and lengthy exercise. Pro-Leagle's automated, online Notice to Quit Generator software designed by landlord and tenant professionals will help produce a valid Notice.
- Alternatively, if you have served or received a Section 21 Notice to Quit, you can check the validity of the Notice using Pro-Leagle's online service.