Introduction
Receiving a 28-day quit notice can be unsettling, especially if you’re unsure whether the notice is legally valid or how much time you have to leave. Whether you rent under an Assured Shorthold Tenancy (AST) or another form of agreement, it’s essential to understand the legal process and your rights as a tenant in the UK.
In this guide, we’ll explain what steps you should take if you’ve been given a 28-day notice to quit, how to check the validity of the notice, and what options you have if the notice doesn’t comply with legal standards. We’ll also discuss different types of tenancy agreements and how they impact the notice period.
1. Understanding the 28-Day Quit Notice
A quit notice is a formal letter from your landlord asking you to vacate the property within a specified time. In this case, you’ve been given 28 days to leave. However, whether this notice is valid depends on several factors, including:
- The type of tenancy agreement you have.
- Whether your landlord has followed the proper legal procedures.
- Whether the notice period complies with the minimum notice requirements under UK law.
2. Check Your Tenancy Agreement Type
The type of tenancy you have will determine the notice period your landlord must provide. In the UK, the most common type of tenancy is the Assured Shorthold Tenancy (AST). However, other types of tenancies exist, and each comes with different rules regarding notice periods.
Assured Shorthold Tenancy (AST):
For ASTs, landlords typically use a Section 21 notice to end the tenancy, which requires at least two months’ notice. A 28-day notice would not be valid for an AST unless there are specific grounds for eviction, such as non-payment of rent or breach of the tenancy agreement, in which case a Section 8 notice may be used. Even with a Section 8 notice, the notice period could vary depending on the grounds for eviction.
Excluded Tenancy or Licence:
If you’re living in a situation where you share accommodation with your landlord (e.g., you’re renting a room in your landlord’s home), you may have an excluded tenancy or licence. In such cases, the landlord may only be required to give reasonable notice, and 28 days could be considered reasonable.
Periodic Tenancy:
For a periodic tenancy (a rolling tenancy that renews weekly or monthly), landlords typically need to give a one month notice to end the agreement if the rent is paid monthly, or 28 days if rent is paid weekly. Ensure your tenancy agreement specifies the correct notice period.
3. Is the 28-Day Notice Legally Valid?
To determine whether the 28-day notice you’ve received is valid, you need to assess whether the landlord has followed the correct legal process:
Section 21 Notice (No-Fault Eviction):
If you have an AST, your landlord may issue a Section 21 notice if they want the property back at the end of the fixed term, or during a periodic tenancy. A Section 21 notice must:
- Provide at least two months’ notice.
- Be in writing and follow a specific format.
- Not be served during the fixed term of your tenancy.
If you’ve been given a 28-day notice under a Section 21 procedure, it is likely invalid, and you can challenge it.
Section 8 Notice (Eviction with Grounds):
A Section 8 notice is used when a tenant has breached the tenancy agreement (e.g., missed rent payments). The notice period for Section 8 can vary depending on the grounds for eviction:
- For serious rent arrears, the notice could be as short as two weeks.
- For anti-social behaviour or property damage, it could be even shorter.
If your landlord is using a Section 8 notice and has grounds to evict you, a 28-day notice may be valid. Check the specific grounds listed on the notice to ensure they align with legal requirements.
4. Reviewing the Details of the Quit Notice
When you receive a quit notice, you need to carefully review its contents to determine if it’s valid. A valid notice should include:
- The correct notice period based on your tenancy agreement.
- The reason for the eviction (if it’s a Section 8 notice).
- Clear instructions on when the tenancy will end.
- The landlord’s signature and contact information.
If any of these elements are missing or incorrect, the notice could be invalid.
5. Your Options if the 28-Day Notice Is Invalid
If the notice you’ve received doesn’t meet the legal requirements for your type of tenancy, you have several options to challenge the eviction or negotiate with your landlord:
1. Contact Your Landlord for Clarification
The first step is to reach out to your landlord for clarification. If the notice is unclear or you believe it’s invalid, ask your landlord to explain why they’ve given 28 days’ notice and point out any discrepancies.
2. Seek Legal Advice or Contact Citizens Advice
If you’re unsure whether the notice is valid or if you’re worried about the eviction, it’s a good idea to seek legal advice. You can contact Citizens Advice for free guidance on your rights and how to handle the notice.
3. Challenge the Notice in Court
If your landlord insists on enforcing an invalid 28-day notice, you may have grounds to challenge the eviction in court. The court will review whether the landlord followed the correct legal procedures, and if the notice is found to be invalid, the court may dismiss the eviction case.
6. What to Do If the 28-Day Notice Is Valid
If the 28-day notice is valid (for example, in the case of an excluded tenancy or a Section 8 eviction with grounds), you should begin planning your next steps.
1. Negotiate for More Time
Even if the notice is valid, you can try to negotiate with your landlord for more time to move out. Explain your situation and request an extension, especially if you need more time to find alternative accommodation.
2. Find Alternative Accommodation
If you cannot negotiate more time, start looking for new accommodation immediately. Reach out to letting agents or search online for properties that suit your needs and budget.
3. Seek Help from Your Local Council
If you’re at risk of becoming homeless after the 28-day notice period, you can contact your local council for help. Councils have a duty to assist tenants facing eviction and may be able to offer support, such as temporary housing or help finding a new home.
7. Eviction Process After the Notice Period Ends
If you don’t leave the property by the end of the notice period and your landlord wants to proceed with the eviction, they will need to follow the legal eviction process.
1. Possession Order
If the notice period ends and you haven’t left, your landlord can apply to the court for a possession order. The court will determine whether the eviction notice was valid and, if so, grant the landlord the right to take possession of the property.
2. Bailiff Eviction
If you still haven’t moved out after the possession order is granted, the landlord can request a warrant of possession. This allows court-appointed bailiffs to physically remove you from the property. Bailiff evictions usually come with additional court costs that the landlord may try to recover from you.
Conclusion: Know Your Rights and Act Quickly
Receiving a 28-day quit notice can be stressful, but it’s important to remain calm and take immediate steps to understand your rights. Review your tenancy agreement, check whether the notice complies with UK law, and don’t hesitate to seek legal advice if you’re unsure. If the notice is valid, begin preparing for your next steps, whether that means negotiating more time, finding new accommodation, or seeking assistance from your local council.