N is for Notice to QuitDate published: 17th December 2020
otice to Quit.
A Notice to Quit is a document a landlord needs to provide a private tenant if they want the tenant to leave the property. This can be at the end of an agreed lease or before the end of the tenancy if the landlord is using one of the ‘grounds’ to evict.
If you have a newer type of tenancy, called a Private Residential Tenancy, then the Notice document is called a Notice to Leave.
Neither Notice type means you have to leave your home immediately they are the first stage in eviction action.
A Notice to Quit should be a written document, which tells you why the landlord wishes to end the tenancy, and states the length of notice you have been given (the notice period will depend on the reasons being used by the landlord). This should be accompanied by a Notice of Proceedings (also sometimes referred to as an AT6) either sent with the Notice or served on its own at a later date.
A Notice to Leave should be a written document, which will state the ‘grounds’ being used and the first date the landlord can apply to the First Tier Tribunal for an Eviction Order.
Both Notice types are valid for six months, and if the landlord has not started proceedings (for the Notice to Quit) or made an application to the First Tier Tribunal for an eviction order (for the Notice to Leave) by the end of the six month period a new Notice has to be issued for the landlord to proceed.
Under temporary legislation as a result of COVID-19, the Notice periods for many of the ‘grounds’ for eviction have changed. Until 31st March 2021 serving a Notice attempting to evict someone on the basis of rent arrears means that the notice period is six months before the landlord can apply to the Court or the First Tier Tribunal to take further action. This legislation may change again at the end of March 2021, in which case the Notice periods will also change. Even under the current temporary legislation, the Notice period for some ‘grounds’, such as antisocial behaviour, is considerably shorter.
If you receive either a Notice to Quit or a Notice to Leave, you may wish to contact your landlord to establish if the issue can be resolved to both yours and the landlord’s satisfaction.
If you can’t resolve the matter you can contact Citizens Advice & Rights Fife on 0345 140 0094, Monday – Friday, 8.30am – 4pm. You can also view more information on this on our website.
You can also contact Frontline Fife who work in Partnership with Citizens Advice & Rights Fife.