To end a tenancy the landlord must give you either a Section 21 notice or a Section 8 notice.
Section 21
In order to serve a valid S21, the landlord must have complied with a number of requirements - this includes providing a minimum of 2 months’ notice.
It is worth noting that in order to end the tenancy using the break clause, the landlord must serve a S21. Therefore, a break clause requiring less than two months’ notice is not valid.
Section 8
There are a number of grounds in a S8 notice that require less than 2 months’ notice (listed below). If the landlord has provided you with less than 2 months’ notice, but not used one of the grounds listed, then this does not constitute a valid notice.
So, what if the notice is not valid?
If the landlord has not provided you with a valid S8 notice or S21 notice, then you do not have to leave the property as the tenancy will not have been properly terminated. The Landlord cannot physically evict you without a court order, and to obtain a court order they must have served a valid notice.
If you are unsure whether the notice is valid, then you should seek independent legal advice.
|
Section 8 Ground |
Notice period |
Discretionary/Mandatory |
|
3- Out of season holiday let |
two weeks |
Mandatory |
|
4 – Lets to students |
two weeks |
Mandatory |
|
7A - Antisocial behaviour |
1 month |
Mandatory |
|
8 - Serious rent arrears |
2 weeks |
Mandatory |
|
11 - Persistent delay in rent payments |
2 weeks |
Discretionary |
|
12 - Breach of tenancy |
2 weeks |
Discretionary |
|
13 - Deterioration in the condition of the property |
2 weeks |
Discretionary |
|
14 - Nuisance, annoyance, illegal or immoral use |
2 weeks |
Discretionary |
|
14A - Domestic violence |
2 weeks |
Discretionary |
|
14ZA - Offences during a riot |
2 weeks |
Discretionary |
|
15 - Deterioration of furniture |
2 weeks |
Discretionary |
|
17 - Tenancy granted due to false statement |
two weeks |
Discretionary |
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.