Sixty Day Notice Of Termination Of Tenancy Template for England and Wales

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What is a Sixty Day Notice Of Termination Of Tenancy?

The Sixty Day Notice Of Termination Of Tenancy is a crucial document in English and Welsh residential lettings, typically used when landlords wish to regain possession of their property through proper legal channels. It must be served in accordance with the Housing Act 1988 and subsequent legislation, requiring specific formatting and content to be legally valid. The notice period must be calculated correctly, and the document must include all prescribed information about the property, parties involved, and termination date. This notice is commonly used for ending Assured Shorthold Tenancies and must be accompanied by evidence of compliance with various regulatory requirements.

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Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

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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 Sixty Day Notice Of Termination Of Tenancy

A Sixty Day Notice Of Termination Of Tenancy is a formal legal document that allows you as a landlord to end a residential tenancy and regain possession of your property in England and Wales. This notice must be served in strict accordance with the Housing Act 1988 and related legislation to be legally enforceable in court proceedings.

When do you need this document?

You need this notice when you want to end an Assured Shorthold Tenancy without citing specific tenant breaches. Common scenarios include selling the property, moving back in yourself, or requiring vacant possession for major renovations. The sixty-day period provides sufficient time for tenants to find alternative accommodation while meeting your legal obligations. You must serve this notice even if you have a good relationship with your tenants, as verbal agreements to vacate have no legal standing in possession proceedings.

Key legal considerations

Your notice must include precise details of all parties, the full property address, and an accurate termination date calculated from the notice service date. The document must reference the correct section of the Housing Act 1988, typically Section 21 for no-fault possession. You cannot serve a valid notice if you haven't protected the tenant's deposit in an authorized scheme or provided the required prescribed information. The notice period must not expire during the fixed term of the tenancy unless your tenancy agreement specifically allows this. Any retaliatory eviction within six months of tenant complaints to local authorities will invalidate your notice under the Deregulation Act 2015.

Legal requirements in England and Wales

Before serving this notice, you must ensure compliance with several statutory obligations. Your property must have valid gas safety certificates, electrical installation condition reports, and energy performance certificates where required. You must have provided tenants with the government's 'How to Rent' guide and deposit protection information within 30 days of receiving their deposit. The notice must be served using one of the prescribed methods under Section 196 of the Law of Property Act 1925, typically by hand delivery, recorded delivery, or leaving it at the property. You cannot serve this notice within the first four months of the tenancy unless replacing an invalid earlier notice. Following Brexit, EU citizens may have additional protections that could affect your notice validity, so you should verify tenant immigration status if relevant.

GOVERNING LAW

Applicable law

This Sixty Day Notice Of Termination Of Tenancy 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

Housing Act 1996: Supplementary legislation adding regulations to residential tenancies including deposit protection requirements

Deregulation Act 2015: Legislation introducing additional requirements for serving valid Section 21 notices and protection against retaliatory eviction

Tenant Fees Act 2019: Legislation governing permitted fees and charges in residential tenancies, affecting the validity of termination notices

Housing and Planning Act 2016: Updates to housing law including changes to enforcement and possession proceedings

Tenancy Type Verification: Determination of whether the tenancy is an Assured Shorthold Tenancy and whether it's periodic or fixed-term

Deposit Compliance: Verification that the tenant's deposit is properly protected in an approved scheme and prescribed information was provided

Section 21 Prerequisites: Ensuring compliance with EPC certificate, gas safety certificate, How to Rent guide, and property licensing requirements

Notice Service Requirements: Proper method and timing of serving the notice to the tenant, including proof of service

Prescribed Form Requirements: Using the correct legal form and format for the termination notice as prescribed by legislation

Local Authority Requirements: Compliance with any specific local authority licensing or additional requirements for terminating tenancies

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