Notice To Vacate 60 Days Template for England and Wales

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What is a Notice To Vacate 60 Days?

The Notice To Vacate 60 Days is a crucial document in the English and Welsh residential property sector, used when landlords need to regain possession of their property through proper legal channels. This notice must be served in accordance with the Housing Act 1988 and subsequent legislation, including the Deregulation Act 2015. It provides tenants with a legally required 60-day notice period and must include specific information such as property details, parties involved, and the final vacation date. The notice is particularly important for ensuring compliance with legal requirements and protecting both landlord and tenant rights.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Notice To Vacate 60 Days

A Notice To Vacate 60 Days is a formal legal document that landlords in England and Wales use to notify tenants that they must leave the rental property. This notice serves as the first step in the possession process and must comply with strict legal requirements under housing legislation. The 60-day period provides tenants with adequate time to find alternative accommodation while ensuring landlords can regain possession of their property through proper legal channels.

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. This applies whether you're serving a Section 21 notice for no-fault eviction after the fixed term has ended, or when you need to provide notice under specific tenancy conditions. The notice is essential when selling the property, moving back into it yourself, or when you need to carry out substantial renovation work. You may also need this document when changing property management arrangements or converting the property to a different use. The notice ensures you comply with legal notice periods and protects you from claims of unlawful eviction.

Key legal considerations

The notice must be served correctly to be legally valid, including proper delivery methods such as hand delivery, recorded post, or email if previously agreed. You must ensure all tenant names are included accurately and that the property address matches exactly with the tenancy agreement. The notice period must be calculated correctly, typically requiring 60 days from the date of service, and the vacation date must fall on or after the last day of a tenancy period. Important clauses include the legal basis for the notice, clear statement of the vacation date, and warning about potential court proceedings. You must also ensure compliance with deposit protection requirements and any relevant licensing schemes before serving notice, as failure to comply can invalidate the notice.

Legal requirements in England and Wales

Under the Housing Act 1988 and Deregulation Act 2015, you must use the prescribed form and include specific statutory information for the notice to be valid. The notice must be served at least 60 days before the earliest date you can apply to court for possession, and you cannot serve notice during the first four months of the tenancy. You must ensure the property has a valid Energy Performance Certificate, current gas safety certificate, and the deposit is protected in an approved scheme. The Tenant Fees Act 2019 requirements must also be met, including providing prescribed information about deposits and fees. Additionally, you must comply with any local licensing requirements and ensure the property meets the Homes (Fitness for Human Habitation) Act 2018 standards, as non-compliance can prevent you from serving valid notice.

GOVERNING LAW

Applicable law

This Notice To Vacate 60 Days is drafted to comply with England and Wales law. Key legislation includes:

Housing Act 1988: Primary legislation governing residential tenancies in England and Wales, particularly Section 21 (no-fault eviction) and Section 8 (fault-based eviction) notices

Deregulation Act 2015: Contains important amendments to Section 21 notices and introduces additional requirements for landlords serving eviction notices

Landlord and Tenant Act 1985: Fundamental legislation establishing basic rights and obligations of landlords and tenants in residential properties

Housing and Planning Act 2016: Updates to housing law including provisions affecting the eviction process and property standards

Tenant Fees Act 2019: Regulates fees that can be charged to tenants and impacts the validity of eviction notices if breached

Assured Tenancy Forms Regulations 2015: Specifies the required formats and contents of notices for assured tenancies in England

Assured Tenancies Forms Amendment 2019: Updates to the required formats and contents of notices for assured tenancies in England

Deposit Protection Requirements: Legal requirement to protect tenant deposits in an approved scheme and provide prescribed information to tenants

Property Licensing Compliance: Requirements for appropriate property licensing, including HMO licensing where applicable

Mandatory Documentation: Legal requirement to provide tenants with How to Rent guide, Energy Performance Certificate (EPC), and gas safety certificate

Retaliatory Eviction Provisions: Legal protections preventing landlords from evicting tenants in response to complaints about property conditions

Selective Licensing Considerations: Additional requirements for properties in areas subject to selective licensing schemes by local authorities

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