Notice Period
A notice period is the minimum amount of time that must pass between a landlord or tenant giving notice in the correct way and the date the tenancy is intended to end. It is usually expressed in weeks or months, for example, “two months’ notice”, and is set by a mix of statute and the tenancy agreement.
For tenants, the notice period depends on the type of tenancy and whether it is fixed-term or periodic tenancy. In a statutory periodic tenancy, tenants normally have to give at least one month’s notice in writing, ending on the right day of the period, unless the agreement allows for less. Break clauses in fixed terms can also specify particular notice periods and dates.
For landlords, notice periods are mostly governed by legislation rather than contract. Historically, Section 21 “no-fault” notices for assured shorthold tenancies required at least two months’ notice, while Section 8 notices, fault-based grounds, such as rent arrears, had varying periods depending on the possession ground relied on. Under the Renters’ Rights Act, “no-fault” routes are being abolished and new, possession ground-based notice rules and periods will apply instead.
If the correct notice period is not given, or the notice is served incorrectly, the tenancy will not end and the notice may be invalid, so renters should always check the wording and dates carefully.
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