Types of notice
There are three different types of notice that you can serve on your tenant. Which ones you send them will depend on:
- whether their tenancy is assured or short assured
- whether you want them to leave before or after the end of the tenancy period
Notice to quit
The notice to quit is written notice that you want to end the tenancy and want your tenant to move out of the property.
A notice to quit is only valid if it:
- is in writing
- tells the tenant how long their notice is
- ties in with the 'ish date' (the date the tenancy agreement ends)
- makes it clear that even when the notice runs out you still have to get an order from the court before the tenant has to leave
- tells the tenant that they can get independent advice, and tells them where they can get it
Section 33 notice
A section 33 is a second notice that you also have to send to short assured tenants as well as the notice to quit.
This should be a letter that tells your tenant that:
- they have at least two months' notice
- you want possession of the home once the notice ends
- once the notice runs out you still have to get a court order before they have to leave
- they can get independent advice, and tells them where to find it
If you want your tenant to move out on the day their tenancy runs out, you have to send them a section 33 notice at least two months in advance. You can't make them leave any sooner than this.
Notice of proceedings
A notice of proceedings is written notice that you're going to start legal proceedings to get your property back.
It should come on a special form called an AT6, and it should tell the tenant:
- the reasons (or grounds) why you want the property back
- how these reasons apply to the tenant
- how much notice you have to give before you can contact the court and have them evicted
Tenants with an assured tenancy
A notice of proceedings must be served on them as the tenancy may not be ended without a court order.
Tenants with a short assured tenancy
A notice of proceedings is only required where the landlord wishes to end the tenancy prior to the termination date.