Notice To Terminate Month To Month Tenancy Template for England and Wales

A Notice To Terminate Month To Month Tenancy is a formal legal document that allows you to end a periodic tenancy arrangement in England and Wales. When your tenants are on a rolling monthly contract after their fixed term has expired, this notice provides the legal framework to regain possession of your property while ensuring full compliance with housing legislation.

When do you need this document?

You need this notice when you want to terminate a periodic tenancy where tenants pay rent monthly and have no fixed end date. This situation typically arises when an assured shorthold tenancy's fixed term expires and continues as a statutory periodic tenancy. You might need to serve this notice if you plan to sell the property, move back in yourself, or require possession for major renovations. The notice is also necessary when tenants have not breached their tenancy agreement but you simply wish to end the rental arrangement for legitimate reasons.

Key legal considerations

Before serving this notice, you must ensure all your landlord obligations are met, including deposit protection compliance, provision of valid Gas Safety Certificates, and Energy Performance Certificates. The notice must provide at least two months' notice and can only expire on the last day of a tenancy period. You cannot serve this notice within the first four months of the tenancy, and any retaliatory notices served after tenant complaints may be invalid. The notice must be served correctly using prescribed methods, and you should retain proof of service for potential court proceedings. If tenants don't vacate voluntarily, you'll need to apply to court for a possession order, as self-help eviction is illegal.

Legal requirements in England and Wales

Under the Housing Act 1988 and Deregulation Act 2015, your notice must use the prescribed Form 6A format and include specific mandatory information about the property, tenants, and termination date. You must have complied with all deposit protection requirements under the Housing Act 2004, including protecting deposits in government-approved schemes and providing prescribed information to tenants. Gas safety obligations under the Gas Safety Regulations must be current, with valid certificates provided to tenants. The notice period must align with rental payment periods - for monthly tenancies, notice must be at least two months and expire on the last day of a tenancy period. You cannot serve notice if you've failed to provide required documentation or if there are outstanding property condition issues that affect tenant safety or habitability.