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A 60 Days To Vacate Notice is a critical legal document that allows landlords in England and Wales to formally notify tenants of their intention to regain possession of a rental property. This notice serves as the first step in the legal eviction process and must comply with stringent statutory requirements under the Housing Act 1988 to be valid and enforceable in court.

When do you need this document?

You need a 60 Days To Vacate Notice when you want to end an assured shorthold tenancy and regain possession of your property. This applies whether you're selling the property, moving back in yourself, or simply choosing not to renew the tenancy. The notice is particularly important for periodic tenancies where there's no fixed end date, giving you a legal pathway to terminate the arrangement. You might also need this document if you're a property management company acting on behalf of landlords, or if you're dealing with tenants who have guarantors that need formal notification of the proceedings.

Key legal considerations

Several critical legal requirements must be met for your notice to be valid. First, you must ensure all deposit protection obligations have been fulfilled, including protecting the deposit in an approved scheme and providing prescribed information to tenants. The notice period must be calculated correctly - it's a minimum of two months, but the exact timing depends on your tenancy agreement and payment periods. You cannot serve a Section 21 notice during the first four months of the tenancy, and if you're using the accelerated possession procedure, specific forms must be used. The notice must clearly identify all parties, provide the complete property address, and include proper legal authority citations. Any defects in these requirements can render the notice invalid and delay possession proceedings.

Legal requirements in England and Wales

Under England and Wales law, your 60 Days To Vacate Notice must comply with Section 21 of the Housing Act 1988, as amended by the Deregulation Act 2015. You must first verify that the tenancy is an assured shorthold tenancy, as different notice procedures apply to other tenancy types. The Housing Act 1996 and Landlord and Tenant Act 1985 also contain relevant provisions affecting notice requirements and tenant rights. Before serving notice, you must provide tenants with a current Energy Performance Certificate, valid gas safety certificate, and the government's "How to Rent" guide. If the property requires licensing under local authority schemes, this must be in place. The notice must specify a date for possession that's at least two months from service, and this date must align with the end of a rental period unless the tenancy agreement allows otherwise. Proper service methods must be followed, typically requiring personal delivery, registered post, or other methods specified in the tenancy agreement.