Non Renewal Of Tenancy Agreement Template for England and Wales

A Non Renewal Of Tenancy Agreement is your formal notice to tenants that you will not be extending their Assured Shorthold Tenancy beyond its current fixed term. Under England and Wales law, this document serves as a Section 21 notice, providing legal grounds to regain possession of your rental property when the tenancy expires without requiring any fault on the tenant's part.

When do you need this document?

You need this notice when your fixed-term tenancy is approaching its end date and you've decided not to offer a renewal. This commonly occurs when you plan to sell the property, carry out major renovations, or move back in yourself. You must serve this notice at least two months before you want the tenancy to end, and it cannot take effect before the fixed term expires. The notice is also essential if you want to prevent the tenancy from automatically becoming a periodic tenancy, which would continue month-to-month under the same terms.

Key legal considerations

The validity of your notice depends on strict compliance with multiple legal requirements. You must have protected the tenant's deposit in an approved scheme and provided the prescribed information within 30 days of receiving it. The property must have valid gas safety certificates, electrical safety certificates, and an Energy Performance Certificate, all of which must be provided to tenants. Your notice must be served correctly using prescribed methods, and you cannot serve it during the first four months of the tenancy. The document must clearly state the earliest date possession is required and reference the correct legal provisions. Any breach of these requirements can invalidate your notice entirely.

Legal requirements in England and Wales

Under the Housing Act 1988 and subsequent amendments, your Section 21 notice must comply with Form 6A prescribed format or contain equivalent information. The Deregulation Act 2015 requires that you cannot serve the notice if you haven't complied with deposit protection rules, provided required certificates, or if there are outstanding improvement notices on the property. You must also ensure compliance with the Tenant Fees Act 2019, meaning no prohibited fees have been charged. The notice period cannot be less than two months, and possession cannot be sought before the fixed term expires. If serving during a periodic tenancy, the notice must expire on the last day of a rental period. Courts will scrutinize compliance with all these requirements before granting possession orders.