Notices
- Any formal or informal document from a utility bill to a legal document which must be forwarded or brought to the attention of the owner or landlord / agent upon receipt, e.g. to ensure services remain connected; or owners are informed of proposed building works to adjacent properties enabling an opportunity to object e.g. under The Party Wall Act 1996.
- Notice to quit NTQ, is one of the most important and yet the most neglected notices in the letting profession. Ignore this and a landlord and letting agency may get an unwelcome extended tenancy.
- Improvement Notice Where a property requires remedial work to bring it up to an acceptable standard, the local authorities can serve an 'Improvement Notice' upon the managing agent or landlord.
- Failure to act upon such a notice is a criminal offence.
- Section 8 notices to quit are used to formally end periodic or assured tenancies (see also protected, and sitting tenants)
- Section 21 notices are used to formally end fixed term assured shorthold tenancies (see also protected, and sitting tenants)
- Tenant Notice - Where a tenant provides a notice to leave a property, a landlord may be tempted to rely on this notice, thereby obviating the requirement to provide a counterpart e.g. a section 21 notice to quit s.21 NTQ. Landlords and agents should always provide such notices irrespective of a tenants apparent intentions. It is fairly common for tenants to change their minds perhaps following a change in circumstances and a tenant's need to remain. Landlords may be happy to retain their tenants, however, imagine the situation whereby a landlord in reliance on the tenant's unenforceable notice, agrees a new tenancy, back to back with the current tenancy. In the absence of serving a s.21 notice, the current tenant might be legally entitled to remain under a periodic tenancy - leaving the landlord to explain to the disappointed, even devastated, new tenants that they cannot move in as expected!
- Tenants cannot be forced to leave without a court order but if they ignore a legally enforceable noitce to quit and remain they would be in breach and a prudently worded AST would provide for such breach, both as a deterrent and as a means to demonstrate to the courts that the contract provided for the mischief relied on to evict.
- In some situations the landlord may issue a notice to increase the rent via a section 13 Notice. There are many formal letting notices.
- A 'building notice' (submitted by those carrying out alterations to Building Control on a formal building notice form) can avoid an application for full planning permission, avoiding delays in commencing works considered within permitted development. Normally smallish works. E.g. demolishing a loadbearing internal wall (to be supported meantime by props and ultimately an appropriately sized and strong lintel).
- During the Covid outbreak, notice periods were extended before returning to pre-covid notice periods (normally 2 months following 4 months of a fixed term tenancy expiring i.e. minimum six months tenancy).
- Note there is no minimum tenancy period for ASTs. Tenants are not obliged to leave during the first 6 months of their tenancy regardless of the agreed term.
See also
- Restraint notice
- Put-on-notice
- Prior notice (via s. 8 HA'88 ground 1) notifying owner's potential to return to owner's former home during fixed term tenancy)
- Improvement notice
- Building notice
- Service - notice
- Notice Periods
- NSP - Notice Seeking Possession
- Notice of Possession hearing - Court letter inviting tenant to respond to landlord's court application to evict tenant.
Published: 10 November 2013
Last Updated: 29 November 2021