60 Day Eviction Notice Template for England and Wales

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What is a 60 Day Eviction Notice?

The 60 Day Eviction Notice serves as a crucial legal instrument in English and Welsh residential tenancy law, providing landlords with a formal mechanism to end tenancies. This document must be carefully prepared to ensure compliance with the Housing Act 1988, the Deregulation Act 2015, and other relevant legislation. It's essential that the notice includes all required information, is served properly, and follows prescribed timing requirements. The notice can be used for both Section 8 (fault-based) and Section 21 (no-fault) evictions, though the specific requirements differ for each type. Proper documentation and service of the notice are crucial for its validity in subsequent court proceedings if required.

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 60 Day Eviction Notice

A 60 Day Eviction Notice is a legally binding document that formally notifies tenants of your intention to end their tenancy and reclaim possession of your property. Under England and Wales law, this notice must comply with the Housing Act 1988 and subsequent legislation to be valid in court proceedings.

When do you need this document?

You need a 60 Day Eviction Notice when you want to end an Assured Shorthold Tenancy (AST) after the fixed term has expired. This applies whether you're pursuing a Section 21 no-fault eviction or a Section 8 fault-based eviction for rent arrears, property damage, or breach of tenancy terms. The notice is also required when you need to sell the property, move back in yourself, or when tenants have violated the terms of their agreement. For properties in Wales under the Renting Homes (Wales) Act 2016, additional considerations may apply depending on the contract type.

Key legal considerations

Your eviction notice must include specific mandatory information to be legally valid. You must provide your full details as landlord or authorized agent, complete tenant names as they appear on the tenancy agreement, and the property's full address including postcode. The notice must clearly state the 60-day period and specify the exact date by which tenants must vacate. You must cite the correct legal authority - either Section 8 or Section 21 of the Housing Act 1988. For Section 21 notices, you cannot serve notice during the first four months of the tenancy, and you must have provided tenants with required documentation including gas safety certificates, Energy Performance Certificates, and the government's "How to Rent" guide. For Section 8 notices, you must specify the grounds for possession and provide evidence of any breaches.

Legal requirements in England and Wales

Under the Deregulation Act 2015, landlords must meet strict prerequisites before serving Section 21 notices. Your tenant's deposit must be protected in an authorized scheme, and you must have provided prescribed information about the protection. You cannot serve notice if you haven't complied with improvement notices from local authorities or if prohibited under selective licensing schemes. The Coronavirus Act 2020 introduced temporary extended notice periods, though these have largely returned to standard timescales. In Wales, the Renting Homes (Wales) Act 2016 affects some tenancies, requiring different notice procedures for occupation contracts versus periodic standard contracts. You must serve the notice correctly - typically by hand delivery, first-class post, or email if the tenancy agreement permits electronic service. Keep proof of service as courts require evidence of proper delivery.

GOVERNING LAW

Applicable law

This 60 Day Eviction Notice is drafted to comply with England and Wales law. Key legislation includes:

Housing Act 1988: Primary legislation governing residential tenancies in England and Wales, particularly Section 8 (fault-based eviction) and Section 21 (no-fault eviction) notices

Housing Act 1996: Additional legislative framework affecting residential tenancies and eviction procedures

Deregulation Act 2015: Legislation introducing additional requirements for landlords including documentation and deposit protection requirements

Coronavirus Act 2020: Recent legislation affecting notice periods and eviction procedures during and after the pandemic

Renting Homes (Wales) Act 2016: Specific legislation applicable to properties in Wales, affecting tenancy and eviction requirements

Tenancy Type Verification: Requirement to verify if the tenancy is an Assured Shorthold Tenancy (AST) or another type, as this affects the eviction process

Notice Type Selection: Determination between Section 8 (fault-based) or Section 21 (no-fault) eviction notice requirements

Deposit Protection Compliance: Verification that any tenant deposits are properly protected in an approved scheme as required by law

Required Property Documentation: Ensuring valid Energy Performance Certificate (EPC), gas safety certificate, and How to Rent guide have been provided to tenants

HMO Licensing: Verification of House in Multiple Occupation licensing if applicable to the property

Notice Period Compliance: Ensuring the correct notice period is given according to current legislation and circumstances

Prescribed Form Requirements: Using the correct official forms and formatting as prescribed by law for the eviction notice

Service Method Requirements: Following proper procedures for serving the notice to the tenant(s)

Record Keeping Requirements: Maintaining proper documentation and proof of all aspects of the eviction process

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