Internal Training Guide

Advising on Tenant’s Notice to Quit (NTQ) – England & Wales

1. Fixed Term Tenancies

England:- Tenant cannot end a fixed term early by NTQ unless the agreement includes a break clause.- Break clauses are becoming rarer under the proposed Renters Reform Bill.

Wales:- Under the Renting Homes (Wales) Act 2016, tenants cannot normally end a fixed term early.- Exception: a 2-year contract may include a 6-month break clause, exercisable after 18 months.

2. Periodic Tenancies

England:- Minimum 4 weeks’ notice required.- Notice must expire on the last day of a rental period.

Wales:- Tenant may give 4 weeks’ notice at any time.- No need for expiry to coincide with the rental period.

3. Withdrawing a Notice to Quit

Once given, a tenant’s NTQ is binding.- It cannot be withdrawn unless the landlord consents.

4. Overstaying After an NTQ

England:- Tenant who overstays is treated as a trespasser.- Landlord may claim double rent under Distress for Rent Act 1737, s.18.

Wales:- Landlord may serve RHW23 notice to enforce the tenant’s NTQ.

5. Enforcing a Tenant’s NTQ in England (Court Process)

Even though the tenant ended the tenancy, the landlord cannot evict without following legal process.

Step 1: Validate the NTQ- Confirm notice length, expiry date, and correct service.

Step 2: If the Tenant Overstays- Attempt negotiation first.- Landlord may claim double rent or mesne profits (compensation for use/occupation).

Step 3: Possession Claim- Issue Form N5 (Claim Form) and N119 (Particulars of Claim) in County Court.- Claim should state tenant’s NTQ has expired, so no right to remain.

Step 4: Court Hearing- Judge checks validity.- If satisfied, grants a possession order (usually 14 days, extendable to 42 in hardship).

Step 5: Bailiffs (if necessary)- If tenant ignores the order, landlord applies for a warrant of possession.- Bailiffs enforce eviction.

Step 6: Recovery of Rent/Damages- Landlord can claim:  - Mesne profits (rent equivalent for unlawful occupation), or  - Double rent (Distress for Rent Act 1737, s.18).

Key Training Takeaways

- A tenant’s NTQ is a serious, binding act — they cannot “change their mind” without landlord approval.

- England and Wales differ in the rules for NTQ during periodic tenancies.

- Overstaying after NTQ = trespasser → landlord can enforce via double rent (England) or RHW23 notice (Wales).

- Court enforcement is still required in England to recover possession.

- Always advise landlords to follow due process to avoid unlawful eviction claims.