90 Day Notice To Terminate Lease Template for England and Wales

A 90 Day Notice To Terminate Lease is a formal legal document that provides three months' advance notification of your intention to end a tenancy agreement. Under England and Wales law, this extended notice period ensures both parties have sufficient time to make alternative arrangements and comply with statutory requirements.

When do you need this document?

You'll need this notice when your lease agreement specifically requires 90 days' notice, or when statutory law mandates this timeframe. Commercial leases often include extended notice clauses to protect business continuity, while some residential tenancies may require longer notice periods than the standard two months. If you're a landlord ending a periodic tenancy or not renewing a fixed-term lease, you must ensure your notice period complies with both your lease terms and the Housing Act 1988. Tenants may also need to serve 90-day notice if their lease agreement requires it for early termination.

Key legal considerations

Your notice must specify the exact termination date, which cannot be earlier than 90 days from service. The notice period must align with your tenancy's rent payment cycle - for monthly tenancies, the notice should expire at the end of a rental period. Include clear property identification, all tenant names, and reference your original lease agreement. For Assured Shorthold Tenancies, ensure you're not serving notice during the first four months of the tenancy, as this could invalidate the notice. If you're claiming possession for specific reasons, you may need to use Section 8 procedures instead, which have different notice requirements. Always verify that any deposit has been properly protected under the Tenancy Deposit Protection schemes before serving notice.

Legal requirements in England and Wales

Under the Housing Act 1988, your 90-day notice must be served correctly to be legally valid. You can serve notice by hand delivery, first-class post, or email if your lease agreement permits electronic service. Keep proof of service, as courts may require evidence that notice was properly delivered. The notice must comply with prescribed information requirements, including clear statements about the tenant's rights and the consequences of the notice. For Section 21 notices specifically, ensure you've provided the tenant with an Energy Performance Certificate, gas safety certificate, and government's 'How to Rent' guide. The Tenant Fees Act 2019 also requires that all deposits be properly protected and prescribed information provided before serving notice. If your property requires licensing under local authority schemes, ensure this is in place, as unlicensed properties cannot use Section 21 procedures.