Notice Periods vary depending on the situation and the type of tenancy and even who the tenant is and whether there is a mortgage and mortgage arrears.

• Notice to quit typically requires two months notice but can be as little as two weeks see HA'88 grounds for eviction and accompanying notice periods
• Notice terms and periods are easy to confuse.
• Prior notice is given 'prior' to the tenancy commencing e.g. grounds one to 5 in the HA'88 require prior notice to be given in the tenancy agreement before tenants sign the tenancy.
• This does not mean no further notice is required, simply that in order to issue notice to quit within two months, the tenant must first also have been provided with 'prior notice' (prior to the tenancy) that this later notice might be given to recover possession of the property they rent.  E.g. ground one the former owner might want their home back during the fixed term perhaps due to unforeseen circumstances. Ground 2 requires the mortgage to be paid failing which the lender may provide two months notice for tenants to leave but only if the tenants were given prior notice that this might happen.
• There are 17 grounds (Actually there are 21 if including use of sub letters 7a 7b and 14a, 14za) for eviction in the Housing Act 1988 (effective 15 January 1989) each carrying specific minimum or even no notice periods e.g. ground 14 antisocial behaviour.  Where no notice period is required this does not mean no notice is issued, merely that a notice is indeed required but that the landlord can proceed to court immediately without delay after providing notice without waiting for 2 months or 2 weeks etc to expire.
• The full list of section 8 notice periods is available on the UK government website under the Housing Act 1988 which change with new legislation.
• Section 21 notice periods during Covid have varied but have since returned to pre-covid notice periods.  I.e. 2 months notice to quit following expiry of 4 months tenancy during the fixed term AST
• Which section to use (either 8 or 21) is determined by the type of tenancy and whether the tenancy is still within the fixed term, whether there has been a breach of the tenancy, what the landlord wants to achieve e.g. simple possession or possession and rent arrears or damages as set out in the grounds .
• Normally if no arrears are sought a s.21 NTQ is quickest (also known as an accelerated NTQ)
• If arrears or damages are sought (with or without possession) then section 8 would normally be used but this is a slower process and grounds 9 to 17 require the judge's discretion and this may not be granted.  Tenants might persuade judges to allow time to pay arrears delaying eviction.  Only grounds 1 to 8 are mandatory (do not allow for judges discretion).
• Section 21 Notices do not require the tenant to have breached the tenancy merely to have had the right to reside for the full fixed term .  Provided the s.21 notice is properly served the judge must grant the order for possession without discretion.
• A s.21 Notice To Quit expires after 6 months, after which time they must be re issued as if for the first time.
• During the Covid crisis notice periods were extended.
• From 1 October 2021 pre pandemic notice periods apply
• However, any notices issued prior to 1 October 2021 must comply with pre-pandemic periods.
• For this reason it is prudent to wait to issue a notice until after 1 October 2021.
• The future is uncertain and such considerations may once again become relevant.
• Whilst a section 8 notice may be issued in any event; it may not be permissible to issue a section 21 notice following failure to comply with rules or provide prescribed information documents which now include (The Magnificent seven mnemonic FeeL HER GP):
  • 1. Accepted Prohibited Fees (and not repaid them),
    2. If Licensable the property must be Licensed,
    3. How to Rent guide,
    4. EPC,
    5. The notice is Retaliatory (e.g. for requesting repairs).
    6. Gas certificate,
    7. Protected deposit (where taken) including provision of Prescribed information,

• The 1988 Housing Act provides a number of notice minimum periods depending on the Grounds for eviction:
•  Section 8 grounds for eviction. 1-8 Mandatory (court judge must agree to evict):
  • 2 months - ground 1  Owner principle former home returning 2 months
  • 2 months - ground 2  HA'88 mortgagee default s.101 LPA 25
  • 2 weeks - ground 3 Fixed term under 8 months AND former holiday let
  • 2 weeks - ground 4 Term under 12 months etc.
  • 2 months - ground 5 Minister of religion e.g. manse required.
  • 2 months - ground 6 Renovation works render uninhabitable
  • 2 months - ground 7 Former tenant of Deceased (only available within 12 months of death)
  • 1 Month - ground 7A anti-social behaviour with a conviction
  • 2 weeks - ground 7b Illegal immigrant (Home office decision)
  • 2 weeks - ground 8 Rent Arrears according to rent frequency
• 9-17 Discretionary (court judge may not agree to evict):
  • 2 months  - ground 9 Suitable alternative accommodation available
  • 2 weeks - ground 10 Some unpaid rent on date of service
  • 2 weeks - ground 11 Persistent late rent
  • 2 weeks - ground 12 Unperformed obligation or default tenancy
  • 2 weeks - ground 13 House deterioration
  • 24 hours - ground 14 Antisocial behaviour (without a conviction), nuisance, annoyance / immoral, illegal conduct (immediately but allow next day to serve court documents)
  • 2 weeks - ground 14A a Tenant departure unlikely to return
  • 2 weeks - ground 14ZA Offence during a riot
  • 2 weeks - ground 15 Furniture deterioration
  • 2 months  - ground 16 Employed tenant no longer employed
  • 2 weeks - ground 17 Misleading statement inducing tenancy (HA 1996)
  • Notice Periods
  • Eviction proceedings must begin within 12 months of issue of S.8 NTQ.
  • (Eviction proceedings must begin within 6 months of issue of S.21 NTQ.  I.e. Section 21 NTQ Expires after 6 months).
    • Issue is not permitted within the first 4 months of a tenancy
    • So, e.g. a six month tenancy starting on 1 January 2022; after a minimum of 4 months the landlord issues S.21 NTQ (1 May 2022), then, after the tenancy expires (should the tenant still remain) beyond 30 June 2022, the landlord is permitted to proceed to court for a Possession Order.
    • The landlord must therefore bring legal proceedings at court within the remaining four months before the S.21 NTQ expires: i.e.  after 10 months of the tenancy (in this scenario)
    • I.e.:
      • Tenancy commences on 1 January 2022,
      • S.21 issued 1 May 2022,
      • tenancy ends 30 June 2022,
      •  by 31 October 2022 (i.e. 6 months from 1 May 2022 to 31 October 2022) the landlord must apply to court for summons for possession
      • by 31 October 2022 (i.e. 6 months from 1 May 2022 to 31 October 2022) the landlord must apply to court for a ‘summons for possession’ (but only after the tenancy has ended on 30 June 2022).
      • On 1 November 2022 the S.21 NTQ expires!
      • It is therefore important not to issue a s.21 NTQ too soon, e.g. if a 12 month tenancy,  as a s.21 notice issued after only 4 months would in the above scenario, expire (on 1 November 2022) two months before the tenancy ends on  31 December 2022!
      • Such NTQ would be ineffectual (ignored by the tenant and rejected at court).
      • Section 21 (S.21) requires Form 6A (nowadays Form 6A is often synonymous with S.21)

See also

• notices
• tenancy compared
• NSP - Notice Seeking Possession i.e. synonym for Notice to quit (NTQ). Normally accompanied by a Claim and Defence forms signifying landlord application for a possession order.
• Form 6A (now synonymous as S.21)