90 Day Notice Of Termination Of Tenancy Template for England and Wales

When you need to end an assured shorthold tenancy in England and Wales, a 90 Day Notice Of Termination Of Tenancy is the formal legal document that initiates the process. This notice, governed by Section 21 of the Housing Act 1988, provides your tenant with the statutory minimum notice period and forms the legal foundation for regaining possession of your rental property.

When do you need this document?

You need this notice when you want to end an assured shorthold tenancy without citing any fault on the tenant's part. This might occur when your fixed-term tenancy has expired and moved to a periodic arrangement, when you need to sell the property, or when you simply choose not to renew the tenancy. The notice is essential for periodic tenancies where you cannot simply wait for a fixed term to expire. You must serve this notice before applying to the courts for a possession order, making it a crucial first step in the legal process.

Key legal considerations

Several critical requirements must be met before serving this notice. Your tenant's deposit must be protected in an approved deposit protection scheme, and you must have provided the prescribed information about the scheme. You need to have given your tenant an Energy Performance Certificate, current Gas Safety Certificate, and the government's 'How to Rent' guide. The notice must specify a date at least 90 days after service, and this date cannot be earlier than the end of any fixed term. Failure to meet these prerequisites will render your notice invalid and prevent successful court proceedings.

Legal requirements in England and Wales

Under the Housing Act 1988 and subsequent amendments through the Deregulation Act 2015, your notice must be served using the prescribed Form 6A or contain equivalent information. The notice period cannot expire within the first four months of the tenancy, even if the fixed term is shorter. You must serve the notice correctly according to Section 196 of the Law of Property Act 1925, typically by hand delivery, recorded post, or leaving it at the property. The Tenant Fees Act 2019 also affects notice validity - any prohibited fees charged may invalidate your notice. Courts have become increasingly strict about compliance, so ensuring all statutory requirements are met before serving notice is essential for successful possession proceedings.