60 Day Written Notice To Vacate Template for England and Wales

A 60 Day Written Notice To Vacate is a legally binding document that formally notifies parties of the intention to terminate a residential tenancy agreement. Under England and Wales law, this notice serves as crucial documentation for ending tenancies while ensuring compliance with statutory requirements set out in housing legislation.

When do you need this document?

You need this notice when terminating an Assured Shorthold Tenancy where a 60-day notice period is required or agreed upon in the tenancy agreement. Landlords typically use this notice when seeking possession after the fixed term has expired, particularly when they want to provide tenants with more time than the standard Section 21 notice period. Tenants may also use this notice when they wish to provide extended notice of their intention to vacate, demonstrating good faith and allowing landlords sufficient time to find replacement tenants. Property managers acting on behalf of landlords frequently utilise this document to maintain professional tenancy management practices.

Key legal considerations

The notice must clearly identify all parties involved, including full names and current addresses of both landlords and tenants. Property details must be comprehensive, including the complete address and any specific property identifiers. The vacation date must be precisely stated and must comply with any minimum notice periods specified in the tenancy agreement or required by law. The document should reference relevant sections of the Housing Act 1988 to establish its legal foundation. Consider whether any deposit protection requirements have been met, as failure to comply with deposit protection schemes can affect the validity of possession proceedings. Ensure that all landlord obligations, including providing gas safety certificates and Energy Performance Certificates, have been fulfilled before serving notice.

Legal requirements in England and Wales

Under the Housing Act 1988 and subsequent amendments, including the Deregulation Act 2015, specific requirements must be met for notices to be legally valid. The notice must be served using an approved method, typically by hand delivery, recorded delivery post, or email where expressly agreed. The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 2015 specify formatting requirements for certain types of notices, though 60-day notices may have more flexibility than prescribed Section 21 notices. Landlords must ensure they have provided tenants with required documentation, including gas safety certificates, energy performance certificates, and deposit protection information, as failure to comply can invalidate subsequent possession proceedings. The notice period must not end before the earliest date that the tenancy could be brought to an end by a notice to quit given at the same time. Consider any temporary modifications that may still be in effect from coronavirus legislation, though most pandemic-related extensions have now expired.