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How to Make a No Fault Eviction Notice
A no fault eviction notice is a legal notice informing tenants (known as ‘contract holders’ in Wales) that their contract is going to end and the landlord is going to take repossession of the property. For the avoidance of doubt, references to ‘tenants’ also apply to ‘contract holders’ unless otherwise specified.
In England, a no fault notice is known as a ‘section 21 notice’ or a ‘section 21 (Form 6A) notice’.
In Wales, a no fault notice is known as a ‘section 173 notice’.
As a landlord, there may be times when you need to give your residential tenants notice to vacate your property. This may be because their contract is coming to the end of its term or, because you need your property back from a tenant on a rolling (ie periodic) contract.
The correct use of a no fault eviction notice will help to ensure that a landlord takes possession of their property safely and legally. Protect yourself with this simple eviction notice.
You should use a section 21 notice to gain possession of a rented property let under an assured shorthold tenancy (AST) in England. You can use a section 21 notice for periodic or fixed-term tenancies. You can serve a section 21 in contemplation of a fixed-term tenancy coming to an end up to 2 months prior to the date of the end of the fixed term. For more information, read Repossessing property - section 21 notices.
You can use a section 173 notice to gain possession of a property (also known as a ‘dwelling’) rented under a periodic occupation contract in Wales. This is a standard occupation contract that rolls from rent payment period to rent payment period (eg month to month). You can typically serve a section 173 notice anytime as long as it is not during the first 6 months of the contract. You usually need to provide contract holders with at least 6 months’ notice. For more information, read Repossessing property in Wales and Section 173 notice for Wales.
If the property is located in England and the tenancy is within the fixed term or the initial six months you can use a Section 8 notice if you satisfy one of the grounds for it. For more information, read Repossessing property - section 8 notices.
If the property is located in Wales, the proper repossession process (including the Eviction notice to use) depends on:
the type of contract (eg periodic occupation contract, fixed-term occupation contract or secure contract), and
the reason for ending the contract (eg serious rent arrears or antisocial behaviour)
For more information, read Repossessing property in Wales.
In England, for a section 21 notice, you must give the tenant a minimum notice of 2 months. This means the tenant must physically receive the notice 2 months before they have to move out.
In Wales, for a section 173 notice, you must usually give contract holders a minimum of 6 months’ notice. This means the contract holder must receive the eviction notice 6 months before they have to move out.
Last reviewed or updated 01/12/2022
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