60 Day Eviction Notice Template for England and Wales
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What is a 60 Day Eviction Notice?
The 60 Day Eviction Notice serves as a crucial legal instrument in English and Welsh residential tenancy law, providing landlords with a formal mechanism to end tenancies. This document must be carefully prepared to ensure compliance with the Housing Act 1988, the Deregulation Act 2015, and other relevant legislation. It's essential that the notice includes all required information, is served properly, and follows prescribed timing requirements. The notice can be used for both Section 8 (fault-based) and Section 21 (no-fault) evictions, though the specific requirements differ for each type. Proper documentation and service of the notice are crucial for its validity in subsequent court proceedings if required.
Frequently Asked Questions
Is a 60 day eviction notice legally binding in England and Wales?
Yes, a properly served 60 day eviction notice is legally binding in England and Wales under the Housing Act 1988. However, it must comply with strict requirements including prescribed forms, proper service methods, and statutory grounds for eviction. The notice itself doesn't automatically evict tenants - landlords must still apply to court if tenants don't leave voluntarily.
Can my tenant challenge an incomplete 60 day eviction notice?
Yes, tenants can successfully challenge incomplete or defective eviction notices in England and Wales courts. Missing information, incorrect grounds, improper service, or failure to use prescribed forms can render the notice invalid. Courts will often dismiss possession claims based on defective notices, requiring landlords to start the entire process again with a new notice.
How is a Section 8 notice different from a Section 21 notice in England and Wales?
Section 8 notices require specific grounds for eviction (like rent arrears or breach of tenancy) and can have various notice periods from 2 weeks to 2 months depending on the ground used. Section 21 notices are 'no-fault' evictions requiring 2 months' notice with no specific reason needed. Both operate under the Housing Act 1988 but have different requirements and prescribed forms.
How long does it take to prepare a valid 60 day eviction notice in England and Wales?
A 60 day eviction notice can be prepared in 1-2 hours if you have all required information and use the correct prescribed form. However, gathering necessary documentation (tenancy agreements, rent records, deposit protection certificates) and ensuring compliance with pre-notice requirements can take several days. Professional preparation typically takes 2-3 business days to ensure accuracy.
Must I protect my tenant's deposit before serving a 60 day eviction notice?
Yes, in England and Wales you must have properly protected your tenant's deposit in an authorized scheme and provided prescribed information before serving most eviction notices. Failure to comply with deposit protection requirements under the Housing Act 2004 can prevent you from serving a valid Section 21 notice and may result in penalty payments of 1-3 times the deposit amount.
Can I serve a 60 day eviction notice during the first 4 months of tenancy in England and Wales?
No, under the Deregulation Act 2015, you cannot serve a Section 21 notice during the first 4 months of an assured shorthold tenancy in England and Wales. This 'moratorium period' prevents landlords from serving no-fault eviction notices too early. However, Section 8 notices for specific breaches can potentially be served earlier depending on the grounds used.
Common mistakes landlords make when serving 60 day eviction notices?
The most common mistakes include using outdated or incorrect forms, failing to protect deposits properly, serving notices during prohibited periods, incorrect calculation of notice periods, and improper service methods. Many landlords also fail to check they've complied with Right to Rent checks, gas safety certificates, and EPC requirements, all of which can invalidate Section 21 notices in England and Wales.
About the 60 Day Eviction Notice
A 60 Day Eviction Notice is a legally binding document that formally notifies tenants of your intention to end their tenancy and reclaim possession of your property. Under England and Wales law, this notice must comply with the Housing Act 1988 and subsequent legislation to be valid in court proceedings.
When do you need this document?
You need a 60 Day Eviction Notice when you want to end an Assured Shorthold Tenancy (AST) after the fixed term has expired. This applies whether you're pursuing a Section 21 no-fault eviction or a Section 8 fault-based eviction for rent arrears, property damage, or breach of tenancy terms. The notice is also required when you need to sell the property, move back in yourself, or when tenants have violated the terms of their agreement. For properties in Wales under the Renting Homes (Wales) Act 2016, additional considerations may apply depending on the contract type.
Key legal considerations
Your eviction notice must include specific mandatory information to be legally valid. You must provide your full details as landlord or authorized agent, complete tenant names as they appear on the tenancy agreement, and the property's full address including postcode. The notice must clearly state the 60-day period and specify the exact date by which tenants must vacate. You must cite the correct legal authority - either Section 8 or Section 21 of the Housing Act 1988. For Section 21 notices, you cannot serve notice during the first four months of the tenancy, and you must have provided tenants with required documentation including gas safety certificates, Energy Performance Certificates, and the government's "How to Rent" guide. For Section 8 notices, you must specify the grounds for possession and provide evidence of any breaches.
Legal requirements in England and Wales
Under the Deregulation Act 2015, landlords must meet strict prerequisites before serving Section 21 notices. Your tenant's deposit must be protected in an authorized scheme, and you must have provided prescribed information about the protection. You cannot serve notice if you haven't complied with improvement notices from local authorities or if prohibited under selective licensing schemes. The Coronavirus Act 2020 introduced temporary extended notice periods, though these have largely returned to standard timescales. In Wales, the Renting Homes (Wales) Act 2016 affects some tenancies, requiring different notice procedures for occupation contracts versus periodic standard contracts. You must serve the notice correctly - typically by hand delivery, first-class post, or email if the tenancy agreement permits electronic service. Keep proof of service as courts require evidence of proper delivery.
GOVERNING LAW
Applicable law
This 60 Day Eviction Notice is drafted to comply with England and Wales law. Key legislation includes:
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