120 Days Notice To Vacate Template for England and Wales

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What is a 120 Days Notice To Vacate?

The 120 Days Notice To Vacate is a crucial document in English and Welsh residential tenancy law, typically used when a landlord requires possession of their property and must provide extended notice to the tenant. This notice period may be required in specific circumstances or as agreed in the original tenancy agreement. The document must comply with strict legislative requirements, including proper service methods, correct notice periods, and inclusion of prescribed information. It forms part of the formal legal process for ending a tenancy and can be used as supporting evidence in possession proceedings if necessary.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the 120 Days Notice To Vacate

A 120 Days Notice To Vacate is an extended notice period document that provides tenants with additional time to find alternative accommodation before vacating the property. Unlike standard notice periods, this extended timeframe is typically used in specific circumstances or when agreed upon in the original tenancy agreement. You must ensure your notice complies with all statutory requirements under England and Wales law to make it legally enforceable.

When do you need this document?

You need a 120 Days Notice To Vacate when your tenancy agreement specifically requires this extended notice period, or when dealing with vulnerable tenants who may need additional time to secure alternative accommodation. This extended notice is also commonly used for periodic tenancies where you want to provide tenants with more time than the minimum statutory requirements. Some landlords choose to offer this extended period as a goodwill gesture, particularly for long-term tenants with good rental histories. Additionally, certain local authority schemes or housing associations may require extended notice periods as part of their tenant protection policies.

Key legal considerations

Your 120 Days Notice must include all essential elements to be legally valid: complete landlord and tenant details, full property address, clear vacation date, and the legal basis for the notice. You must specify whether you're serving notice under Section 21 (no-fault eviction) or Section 8 (fault-based grounds) of the Housing Act 1988. The notice must be served correctly using approved methods such as personal service, registered post, or leaving it at the property. You cannot serve a Section 21 notice if you haven't provided the tenant with an Energy Performance Certificate, How to Rent guide, or gas safety certificate. For Section 8 notices, you must clearly state the grounds for possession and provide supporting evidence where required.

Legal requirements in England and Wales

Under the Housing Act 1988, your notice must comply with strict formatting and content requirements to be legally enforceable in court proceedings. You must use the prescribed forms or ensure your notice contains all mandatory information as specified in the legislation. The Deregulation Act 2015 introduced additional requirements, including the prohibition of serving Section 21 notices within the first four months of a tenancy or within six months of the landlord being notified of disrepair issues. You must also ensure compliance with deposit protection schemes and provide all required documentation before serving notice. If you're using a managing agent, they must be properly authorized to serve notices on your behalf, and this authority should be clearly documented.

GOVERNING LAW

Applicable law

This 120 Days Notice To Vacate is drafted to comply with England and Wales law. Key legislation includes:

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