Last Updated February 13, 2024
Residential Eviction and Lease Notices
Landlords in England, Northern Ireland, Scotland, and Wales require specific notice forms to evict tenants from a residential property. LawDepot offers the forms you need for your country and allows you to customise them to your situation.
Evicting a tenant in England and Wales
In England and Wales, landlords can use a Section 21 Notice (Fixed or Periodic) or Section 8 Notice to evict a tenant.
What is a Section 21 Notice Letter?
A Section 21 Notice, also known as a Notice Requiring Possession, can be used to terminate a fixed or periodic Assured Shorthold Tenancy (AST) after the term is over.
What is the difference between a fixed and periodic tenancy?
A fixed term tenancy has a specific end date (e.g. May 30).
A periodic tenancy has no end date and automatically renews every week or month.
A tenant can begin a tenancy for a fixed or periodic term. If neither party chooses to end a tenancy after a fixed term expires, it automatically rolls into a periodic tenancy.
Who should use a Section 21 Eviction Notice?
A Section 21 Notice is typically used by a landlord to terminate a fixed or periodic Assured Shorthold Tenancy and regain possession of the dwelling after the term has expired.
What does a Section 21 Eviction Notice include?
A Section 21 Notice includes the following information:
- Name, address, and phone number of the landlord
- Name and address of the tenant
- Date the notice is served
- Date of repossession
- Reference to Section 21 of the Housing Act
What is a Section 8 Notice?
A Section 8 Notice, also referred to as a Section 8 Possession Notice, is used by landlords to terminate an Assured Shorthold Tenancy before the fixed term has ended.
When can I use a Section 8 Eviction Notice?
A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. The order must specify the landlord's intentions of regaining possession to the dwelling, and also the mandatory or discretionary grounds for eviction.
What is the difference between mandatory and discretionary grounds for eviction?
If one of the mandatory grounds for eviction is proven in court, the judge must grant a possession order to the landlord. Conversely, discretionary grounds are subjective, and the possession order is granted at the court's discretion.
What does a Section 8 Possession Notice include?
A Section 8 Notice includes the following information:
- Name and address of both the landlord and tenant
- Date the notice is served
- Repossession date
- The statutory grounds that the tenant violated
- Reference to Section 8 of the Housing Act
Evicting a tenant in Northern Ireland
In Ireland, a Notice to Quit is used to evict a tenant.
What is a Notice to Quit?
A Notice to Quit is a written eviction notice that a landlord or tenant can use to end a residential tenancy.
When can I use a Notice to Quit?
A Notice to Quit can be used to end a fixed or periodic tenancy when:
- A tenant breaches the Tenancy Agreement within a fixed or periodic term (e.g. tenant has failed to pay rent).
- A landlord or tenant wishes to end a periodic tenancy.
How do I deliver a Notice to Quit letter?
You must serve the Notice to Quit within the appropriate notice period, which will depend on how long the tenant has lived in the property or the stated notice period in the Tenancy Agreement.
The notice form should be delivered in person, by mail, or electronically. You can ensure the notice was received by using recorded delivery, asking a third party to witness the delivery, or requesting a response from the tenant once they've received the letter.
Both parties should have a written copy of the notice for their records.
What is included in a Notice to Quit?
A Notice to Quit should include the following information:
- Landlord and tenant contact information
- Address of the premises
- How the tenant breached the agreement, citing the breach
- Last day of the tenancy
- Instructions regarding security deposit, property inspection, or key drop off
Evicting a tenant in Scotland
In Scotland, a Notice to Quit form is used to evict a tenant or end a tenancy. Scottish landlords must also issue a Section 33 Notice to end a tenancy, or a Form AT6 when the tenant has breached the agreement before the term is over.
What is a Section 33 Notice?
When a landlord wishes to end a Short Assured Tenancy, they must provide their tenant with a Section 33 Notice and a Notice to Quit.
A Section 33 Notice states that the landlord wants to repossess the property and provides a date of repossession.
Unless otherwise stated in the Tenancy Agreement, the minimum notice period for a Section 33 Notice is two months. If you do not issue the notices before the fixed term expires, the tenancy will automatically continue in what is known as tacit relocation.
If the tenant has breached the Tenancy Agreement under one of the grounds for eviction, the landlord must give them a Form AT6, also called a Section 19 Notice or Notice of Proceedings, and a Notice to Quit.
The Form AT6 states the grounds for eviction and the landlord's intention to start legal proceedings to gain possession of the property. You can serve the Form AT6 and Notice to Quit forms together or separately. The length of notice depends on the grounds for eviction and length of tenancy.
Frequently Asked Questions:
Eviction and Lease Notices FAQ 