Notice Of Termination Of Tenancy Template for England and Wales

When you need to end a tenancy in England and Wales, serving a properly formatted Notice of Termination of Tenancy is your first legal step. This document formally notifies tenants of your intention to regain possession of your property and must comply with strict statutory requirements under the Housing Act 1988 and subsequent legislation.

When do you need this document?

You'll need a Notice of Termination of Tenancy whenever you want to end an assured shorthold tenancy (AST) before or at the end of the fixed term. This applies whether you're seeking possession due to tenant breaches like rent arrears or antisocial behaviour, or simply want the property back at the end of the tenancy period. The notice is also required when ending periodic tenancies that continue after a fixed term expires. Different circumstances require different types of notices - Section 8 notices for fault-based evictions and Section 21 notices for no-fault evictions.

Key legal considerations

The type of notice you serve depends entirely on your circumstances and affects the entire possession process. Section 21 notices require no specific grounds but have strict timing requirements - you cannot serve them in the first four months of a tenancy or if you haven't protected the tenant's deposit properly. Section 8 notices require you to specify legal grounds for possession, such as rent arrears exceeding two months or breach of tenancy terms. Notice periods vary significantly: Section 21 notices require two months' notice, while Section 8 periods range from two weeks to two months depending on the grounds cited. The Deregulation Act 2015 introduced mandatory prescribed forms for Section 21 notices, and using incorrect forms can invalidate your notice entirely.

Legal requirements in England and Wales

Under English and Welsh law, your notice must include specific mandatory information to be valid. This includes full details of all parties, the complete property address, the exact termination date, and proper identification of the notice type. For Section 8 notices, you must clearly state which grounds from the Housing Act 1988 you're relying upon and provide sufficient detail about why these grounds apply. The notice must be served correctly - typically by hand delivery, recorded post, or email if previously agreed. You cannot serve Section 21 notices during the first four months of a tenancy, and recent legislation requires landlords to ensure gas safety certificates, energy performance certificates, and deposit protection compliance are all in order before serving. The Tenant Fees Act 2019 also impacts timing if prohibited fees were charged, potentially invalidating Section 21 notices until fees are repaid.