Notice To Quit
A Notice To Quit (NTQ) is a notice, required by law, enabling the tenant or landlord to terminate a periodic tenancy, and ultimately gain possession of the property.
- Correct Length: The NTQ must be of the correct length; this will normally correspond to the period of the tenancy. Hence, a weekly tenancy requires at least one week's notice, a monthly tenancy requires a month's notice, etc. There exists two notable exceptions to this rule: Firstly, a yearly tenancy requires only a 6 month NTQ; secondly, the parties may contract to a differing length, either greater or lesser than the normal period.
- Expires on Correct Day: The NTQ must be expressed to expire on the correct day. The correct day is either at the end of the current period , or on the first day of the subsequent period; (the ‘period' being the length – weekly, monthly, yearly or otherwise – of the periodic tenancy in question.
NTQ of a weekly tenancy beginning on Monday should be expressed to expire on Sunday, or the following Monday
NTQ of yearly tenancy beginning 12th November should be expressed to expire on 11th or 12th of following November
NB: If the parties are unsure of the exact date at which the period commenced, the NTQ should be expressed to expire on what is thought to be the correct date “or on such date, one [week/month/insert correct period] after the service of this notice, a complete period of this tenancy comes to an end.”
- The NTQ must be in writing and contain certain prescribed information
- The NTQ must be expressed to expire no earlier than 4 weeks from the date of its service. This has effect primarily on weekly (or fortnightly) periodic tenancies, as any other length will necessitate a notice period greater than the 4 week minimum.
Protection from Eviction Act 1977, s5
By whom: A NTQ by the landlord must be served by the landlord, or an authorised agent
To whom: The notice should be served on the tenant, the tenant's spouse or servant. Leaving the notice at the property may not be sufficient unless it is confirmed that it has been brought to the tenant's attention. Posting the NTQ using the postal service creates a statutory presumption that the notice has been received; however this may be rebutted with ease, therefore confirmation that the tenant has received it is again advisable.
Date of Service: The notice should be served on or before the date from which the notice period begins to run.