How Much Notice Does a Landlord Have to Give?

The rules of renting can be confusing, especially when it comes to notice periods. Landlords have the right to end a tenancy and enter their property, but the notice they have to give will differ depending on the circumstances of the tenancy.

Whether you’re a tenant wanting to understand your rights or a landlord wanting to know where you stand, it’s important to know the proper rules and procedures to prevent stress or conflict in the future.

In this article, we’ll explain how much notice landlords need to give in the UK.

Read on for more information…

How much notice does a landlord have to give?

The amount of notice a landlord has to give to end a tenancy will largely depend on the type of tenancy it is and the reason for ending it. The most common type of agreement in England and Wales is an Assured Shorthold Tenancy (AST). An AST starts with a fixed term (six or 12 months), but then people often move to flexible, month-to-month terms beyond this. In these instances, landlords normally need to give two months’ notice for a Section 21, or no-fault eviction.

However, if you’re still within your fixed term, your landlord generally can’t ask you to leave early unless you’ve breached the agreement, which allows them to bring an end to the tenancy.

Breaching your tenancy, by not paying rent or causing damage, the landlord may be able to end the tenancy early. In these cases, notice periods can vary significantly depending on the severity of the contract breach and the legal grounds the landlord is using.

Reasons a landlord might end a tenancy

In most cases, if a landlord wants to end a tenancy early, it will be because they have a valid reason for doing so. Common reasons for ending a tenancy early include:

Serious rent arrears: If the tenant owes three or more months of rent, this counts as being in serious rent arrears, and the landlord will be allowed to issue a Section 8 notice that comes with a four-week notice period.
Some rent arrears: Even small rent arrears can justify action from a landlord, especially if they keep happening. In these cases, a Section 10 notice can be used, which comes with a four-week notice period.
Persistently late rent: Habitually late payments can also breach a tenancy agreement and are grounds for a Section 11 notice. A four-week notice period is given for these kinds of situations.
Breach of tenancy agreement: Any breaches of a tenancy agreement, such as illegal subletting or keeping pets without permission, are grounds for an early removal. This falls under Section 12 and comes with a two-week notice period.
Damage to property: Causing serious or repeated damage beyond normal wear and tear is grounds for a Section 13 notice that comes with a two-week notice.
Criminal behaviour: If a tenant is engaging in criminal activities like drug use, violence or anti-social behaviour, this is grounds for an immediate removal and no notice period is needed.
Deterioration of furniture: If a tenant has failed to maintain furniture or fixtures or has deliberately damaged them, this is a Section 15 offence and comes with a two-week notice period.
False statements by tenants: If a tenant has provided misleading information when applying for a rental property, like false income information, the landlord can serve them with a Section 17 notice that comes with a two-week notice period.

What is a Section 21 notice?

A Section 21 notice is one of the most well-known legal mechanisms available to landlords. It allows them to regain possession of the property without needing a reason and without the tenant having done anything wrong. In these cases, the landlord needs to give at least two months’ written notice.

This notice can be served after a fixed term has ended, or before it has ended, as long as it will come into force after the fixed term.

Landlords must ensure they have met all legal requirements before issuing a Section 21, including making sure the property is safe and well-maintained.

Are no-fault evictions going to be banned?

Yes, no-fault evictions are set to be banned in the future under the UK government’s Renters Rights Bill. This new legislation will abolish Section 21 notices, meaning landlords will not be allowed to evict a tenant without a valid reason. The aim of this is to give more protection and security to renters to make sure they are not forced to leave a property if they have not done anything wrong.

At the time of writing, the reform has not come into effect, and no official date has been announced for when it will start. Until then, landlords can still use Section 21 notices.

How much notice does a landlord have to give to enter a property?

Even though the landlord owns the property, they are not allowed to enter whenever they like. Tenants have a legal right to ‘quiet enjoyment’ of their home, which means they are protected from unnecessary disturbances from the landlord.

With this in mind, landlords are legally required to give at least 24 hours’ notice before entering a property. This notice must also be written down and not a phone call. The only exceptions to this are in emergency situations like gas leaks, water leaks or a fire. While 24 hours’ notice is the minimum, it is considered good etiquette to leave a little more notice when possible. Furthermore, tenants are also well within their rights to refuse entry if the timing is unsuitable. However, they shouldn’t unreasonably prevent access, especially for maintenance or safety inspections.

Things to check on your tenancy agreement

Before signing a tenancy agreement, it should be reviewed carefully by both parties. The following should be checked and understood:

Your tenancy type
Names on the agreement
Rent, bills and council tax
Deposits, charges and fees
Fixed terms and break clauses
Looking after the property
When your landlord can enter

Final Thoughts

In conclusion, understanding notice periods is essential for both landlords and tenants to maintain a fair and legal tenancy. The amount of notice required depends on the type of tenancy, the reason for ending it, and whether the landlord needs access to the property or wishes to regain possession.

Staying informed about your rights and responsibilities helps prevent disputes and ensures that any action taken is lawful and respectful.

As housing laws continue to evolve, including potential changes to Section 21 notices, both landlords and tenants should stay up to date with the latest regulations to protect their interests and keep tenancies running smoothly.