Ejectment Notice Template for England and Wales

An Ejectment Notice is a formal legal document that marks the beginning of the possession process in England and Wales. When you need to regain possession of your property from tenants or other occupiers, this notice serves as your mandatory first step before pursuing court action. The document establishes your legal right to seek possession and provides the occupant with the required statutory notice period to vacate voluntarily.

When do you need this document?

You'll need an Ejectment Notice when tenants have breached their tenancy agreement, fallen into rent arrears, or when you wish to regain possession at the end of a fixed-term tenancy. The notice is also required when dealing with trespassers or unauthorised occupiers who have no legal right to remain on your property. In cases involving assured shorthold tenancies, you must serve this notice before applying to court for a possession order, even if you're seeking possession under a no-fault ground.

Key legal considerations

The notice must specify the correct legal grounds for possession under Schedule 2 of the Housing Act 1988, whether mandatory or discretionary. Mandatory grounds include serious rent arrears or breach of tenancy conditions, while discretionary grounds require the court to consider reasonableness. You must provide the correct notice period, which varies depending on the ground cited and type of tenancy. The document must be properly served on all tenants and include clear warnings about the consequences of non-compliance, including potential court proceedings and liability for legal costs.

Legal requirements in England and Wales

Under the Housing Act 1988 and Protection from Eviction Act 1977, your Ejectment Notice must meet strict formal requirements to be valid. The notice must be in writing, clearly identify the property and all parties, and specify the exact ground or grounds for possession. You must allow the correct statutory notice period, typically two weeks for rent arrears or two months for no-fault possession under Section 21. The notice must be served using an approved method such as personal service, recorded delivery, or by leaving it at the property. Failure to comply with these requirements will invalidate your notice and delay possession proceedings significantly.