Contractual or common law tenancies protected by Protection from Eviction Act 1977

By Bukola Aremu

The tenancy can be terminated by service of a notice to quit (NTQ), which expires at the end of a full period of the tenancy, if it is periodic.

If the tenancy is for a fixed term, any NTQ can expire at the end of the term.

In the case of a contractual tenant holding over at the end of a fixed-term tenancy, it is best to assume that the tenant will be treated as a periodic tenant and ensure that the notice expires on the correct day (and/or that an appropriate saving provision is added). The NTQ must give at least 28 days’ notice and contain prescribed information (section 5, Protection from Eviction Act 1977)…

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