The Notice to Quit is most commonly associated with common law tenancies — typically contractual periodic tenancies used for non-housing purposes, lodger arrangements, or excluded tenancies. For most private landlords in England with assured tenants, it is the Section 8 notice that ends the tenancy.
Understanding which notice applies to your tenancy type is critical. Serving the wrong notice can be ineffective — meaning your possession proceedings fail at the first hurdle and the tenant can remain in occupation while you restart the process.
What is a Notice to Quit?
A Notice to Quit is a written notice from either the landlord or the tenant to end a periodic tenancy. It operates at common law and under statute (Protection from Eviction Act 1977). Key characteristics:
- Applies to periodic tenancies (weekly, monthly, quarterly, yearly)
- Must give at least 4 weeks' notice in writing (landlord to tenant) — Protection from Eviction Act 1977, s.5
- Must expire on the last day of a period of the tenancy (e.g., the last day of a rental month)
- Cannot be withdrawn once served without the other party's consent
- Ends the tenancy — but does not itself give the landlord the right to enter if the tenant refuses to leave
When does a Notice to Quit apply in England?
In England, a Notice to Quit is primarily used for:
- Excluded tenancies and licences: Where a landlord shares facilities with the occupier (e.g., a lodger in the landlord's home). The Protection from Eviction Act 1977 does not apply — reasonable notice (usually one rental period) suffices.
- Company lets: Where the tenant is a company rather than an individual. These are not assured tenancies and do not fall under the Housing Act 1988 regime.
- Commercial tenancies: Business tenancies under the Landlord and Tenant Act 1954 use a different form of notice to quit.
- Agricultural tenancies: Subject to their own statutory regimes.
- Non-Housing Act periodic tenancies: Where rent exceeds the Housing Act thresholds, or the property is used partly for business.
Notice to Quit vs Section 8 — which applies to your tenancy?
Most private landlords in England letting residential properties to individuals have assured tenancies governed by the Housing Act 1988:
- Assured Periodic Tenancy (from 1 May 2026): Must use Section 8 of the Housing Act 1988 on one of the statutory grounds. A Notice to Quit does not end these tenancies.
- Former Assured Shorthold Tenancy (before 1 May 2026): Could be ended by Section 21 (no-fault) or Section 8 (with grounds). Section 21 is abolished from 1 May 2026.
- Common law periodic tenancy: Notice to Quit applies — but this tenancy type is rare in standard residential lettings.
- Excluded occupiers / lodgers: Notice to Quit (or even informal reasonable notice) applies.
Notice to Quit — minimum notice periods
Where a Notice to Quit does apply, the minimum notice requirements are:
- Landlord to tenant — residential: At least 4 weeks' written notice expiring at the end of a tenancy period (Protection from Eviction Act 1977, s.5)
- Landlord to tenant — excluded occupier / lodger: Reasonable notice, typically one full rental period
- Tenant to landlord: One full period of the tenancy (e.g., one month for a monthly periodic tenancy), expiring on the last day of a period — unless the tenancy agreement specifies otherwise
- Quarterly or annual periodic tenancies: At least one full period's notice (3 months or 12 months respectively), or 4 weeks if longer
What happens if the tenant doesn't leave after a Notice to Quit?
A Notice to Quit ends the legal tenancy — but it does not entitle the landlord to physically remove the tenant. If the tenant remains after the notice has expired, the landlord must apply to the County Court for a possession order. For assured tenancies, you should be using Section 8 proceedings, not relying on a Notice to Quit.
- Do not change locks or remove belongings — this is unlawful eviction
- Issue a County Court possession claim online (PCOL — Possession Claims Online) or by paper N5 form
- Attend the hearing (or request a paper decision for unopposed claims)
- Once a possession order is made, apply for a warrant of possession if the tenant does not leave voluntarily
Notice to Quit in Wales and Scotland
In Wales, the Renting Homes (Wales) Act 2016 replaced assured tenancies with Occupation Contracts from 1 December 2022. Landlords must use a No-Fault Possession Notice (6 months' notice) or a Possession Notice with grounds to end a contract. In Scotland, private residential tenancies under the Private Housing (Tenancies) (Scotland) Act 2016 can only be ended by the tenant or by the landlord applying to the First-tier Tribunal on one of the 18 statutory grounds — a Notice to Quit has no role.
Frequently asked questions
Can a landlord use a Notice to Quit to end an assured periodic tenancy in England?+
No. Assured Periodic Tenancies (the only lawful form of new residential tenancy in England from 1 May 2026) can only be ended by a Section 8 notice on one of the statutory grounds under Schedule 2 of the Housing Act 1988. A Notice to Quit is not effective for these tenancies.
What notice does a landlord need to give to end a lodger arrangement?+
For a lodger (an excluded occupier who shares facilities with a resident landlord), the Protection from Eviction Act 1977 does not apply. You need only give reasonable notice — typically one full rental period. However, it is good practice to give this in writing and to be clear about the date by which the lodger must leave.
How much notice does a tenant need to give to end a periodic tenancy?+
For a monthly periodic tenancy, a tenant must typically give one full calendar month's notice, expiring on the last day of a rental period. The exact requirement depends on the tenancy agreement — some agreements specify a longer notice period. For weekly tenancies, one week's notice is the minimum.
Does a Notice to Quit need to be in a specific form?+
There is no prescribed form for a Notice to Quit, but it must be in writing (for residential tenancies) and clearly state the date on which it expires. The expiry date must be the last day of a period of the tenancy. It is good practice to include the property address, the parties' names, and a clear statement that the tenancy is being ended.
Is a Notice to Quit the same as a Section 21 notice?+
No. A Section 21 notice was used under the Housing Act 1988 to end an Assured Shorthold Tenancy without giving grounds — it was abolished from 1 May 2026. A Notice to Quit is a common law notice used for periodic tenancies outside the assured tenancy regime. They are distinct legal documents with different requirements and effects.