60 Day Notice To Tenant Template for England and Wales

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What is a 60 Day Notice To Tenant?

The 60 Day Notice To Tenant is a crucial document in English and Welsh residential tenancy law, used when landlords need to terminate a tenancy agreement. It must comply with strict legal requirements under various Housing Acts and requires careful preparation to ensure validity. The notice period provides tenants with reasonable time to find alternative accommodation while protecting landlords' rights to regain possession of their property. The document must include specific details about the property, parties involved, and the exact date the tenancy will end.

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Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

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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 Notice To Tenant

When you need to end a tenancy in England and Wales, serving a proper 60 Day Notice To Tenant is essential for legal compliance and protecting your rights as a landlord. This formal document initiates the termination process under the Housing Act 1988, giving your tenant adequate time to find alternative accommodation while establishing your legal right to regain possession of the property.

When do you need this document?

You'll need a 60 Day Notice To Tenant when terminating periodic tenancies where the tenant has been in occupation for more than four months, as required under current legislation. This notice is particularly relevant for assured shorthold tenancies under Section 21 of the Housing Act 1988, commonly known as "no-fault" evictions. You must serve this notice if you want to regain possession without alleging any breach of tenancy terms by the tenant. The 60-day period applies specifically to monthly periodic tenancies and certain situations where enhanced notice periods are required under recent legislative changes.

Key legal considerations

Several critical legal requirements must be met for your notice to be valid. First, you must have complied with all deposit protection requirements under the Tenancy Deposit Schemes, ensuring the tenant's deposit is protected in an approved scheme and prescribed information has been provided. The notice cannot be served during the first four months of the tenancy, and you must ensure all required documentation including gas safety certificates, energy performance certificates, and the government's "How to Rent" guide have been properly served. The notice must specify the earliest date possession is required, which cannot be earlier than the end of the relevant notice period. Additionally, you cannot serve a Section 21 notice if you've been served with an improvement notice or emergency remedial action notice that remains outstanding.

Legal requirements in England and Wales

Under England and Wales law, your 60 Day Notice must comply with specific statutory requirements established by the Housing Act 1988 and subsequent amendments. The notice must be in writing and served using prescribed methods including personal service, leaving it at the property, or sending by first-class post. You must use the correct prescribed form or include all mandatory information if using your own template. The Deregulation Act 2015 introduced additional safeguards, requiring that all pre-tenancy requirements are met before serving notice. Recent changes also mandate that notices cannot be served within six months of the landlord being notified of a complaint about the property's condition. The notice period begins from the day after service, and you must calculate the exact vacation date carefully, ensuring it falls on the last day of a rental period for periodic tenancies.

GOVERNING LAW

Applicable law

This 60 Day Notice To Tenant 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 legislation providing amendments to the 1988 Act and introducing new requirements for landlords

Deregulation Act 2015: Introduced additional requirements for Section 21 notices including documentation requirements and timing restrictions

Housing and Planning Act 2016: Updated regulations regarding residential tenancies and enforcement measures

Coronavirus Act 2020: Emergency legislation that modified notice periods during the pandemic, with some provisions potentially still relevant

Deposit Protection Requirements: Legal requirement to protect tenant's deposit in an approved scheme and provide prescribed information within 30 days

HMO Licensing: Requirements for Houses in Multiple Occupation licensing if applicable to the property

Gas Safety Certificate: Mandatory annual gas safety check and certificate requirement for properties with gas installations

Energy Performance Certificate: Legally required document showing the energy efficiency rating of the property

How to Rent Guide: Government-produced document that must be provided to tenants at the start of their tenancy

Notice Service Requirements: Legal requirements for proper service of notice including timing, format, and delivery method

Prescribed Form Requirements: Specific legal requirements regarding the format and content of the notice document

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