Landlord 60 Day Notice To Vacate Template for England and Wales

A Landlord 60 Day Notice To Vacate is a formal legal document that allows you to reclaim possession of your rental property in England and Wales. This notice provides tenants with the minimum statutory period required under housing legislation to vacate the premises, ensuring compliance with tenant protection laws while protecting your rights as a landlord.

When do you need this document?

You need this notice when you want to end an assured shorthold tenancy and regain possession of your property. Common situations include when your fixed-term tenancy has expired and you don't wish to renew, when you need the property for personal use or sale, or when you want to increase rent beyond what the tenant will accept. This notice is also used when the tenancy has become periodic and you want to terminate it without alleging any fault by the tenant. Unlike Section 8 notices that require grounds for possession, this notice doesn't require you to prove tenant misconduct.

Key legal considerations

Several critical requirements must be met before serving this notice. You must ensure your tenant's deposit is protected in an authorised scheme and that prescribed information has been provided. Current gas safety certificates, energy performance certificates, and electrical safety certificates must be in place and copies provided to tenants. The notice must be served correctly using approved methods and include precise vacation dates that allow the full notice period. The property must be your tenant's main residence, and you cannot serve notice during the first four months of the tenancy. Additionally, if you've received a possession order previously, you cannot serve a new notice within six months unless specific conditions are met.

Legal requirements in England and Wales

Under the Housing Act 1988 and Deregulation Act 2015, this notice must provide at least two months' notice and can only be served after any fixed term has ended. The notice must be in the prescribed form and include specific statutory information about tenant rights and where to seek advice. Service must be effected properly, typically by hand delivery, recorded delivery post, or leaving it at the property. Courts will scrutinise compliance with all procedural requirements, including deposit protection, safety certificates, and proper notice periods. The Tenant Fees Act 2019 also requires compliance with prohibited fees legislation. If you use a letting agent, they must meet their obligations under estate agent legislation. Recent changes mean that any breach of these requirements can invalidate your notice, potentially requiring you to start the process again and incur additional costs and delays.