My landlord only gave me 2 weeks notice to leave, is this valid?
Quick Answer
Almost certainly not. A Section 21 notice must give at least two months notice. A Section 8 notice requires between 2 weeks and 2 months depending on the ground used. Two weeks is only valid for certain serious Section 8 grounds.
The required notice period for residential evictions depends on the type of notice your landlord has used. Under a Section 21 notice (no-fault eviction), the minimum notice period is two months, regardless of your tenancy type. A two-week Section 21 notice is simply invalid.
For a Section 8 notice, the notice period varies by ground. The most commonly used grounds and their notice periods are: Ground 8 (rent arrears of at least two months) — 14 days; Ground 10 (some rent arrears) — 14 days; Ground 11 (persistent late payment) — 14 days; Ground 1 (landlord wants to live in property) — 2 months; Ground 12 (breach of tenancy) — 14 days; Ground 13 (damage to property) — 14 days. During the COVID-19 period, extended notice periods applied, but these have now ended.
If the notice you received is shorter than the law requires, it is invalid and you do not have to leave. If your landlord applies to court on the basis of an invalid notice, you should raise the invalidity as a defence and the court must dismiss the claim.
Check which type of notice you have received. A Section 21 should be on Form 6A. A Section 8 should be on the prescribed Form 3 and identify which grounds are being relied upon. If neither form was used, the notice may be invalid on that basis alone.
Do not simply leave because a notice arrived. Always check its validity before taking any action, and seek advice if unsure.
Relevant legislation
- • Housing Act 1988, s.21
- • Housing Act 1988, s.8 and Schedule 2
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