Notice to Quit in UK Law

Leading Cases
  • Mexfield Housing Co-Operative Ltd v Berrisford
    • Supreme Court
    • 09 November 2011

    Periodic tenancies obviously pose something of a puzzle if the law insists that the maximum term of any leasehold estate be certain. In one sense the term is certain, as it comes to an end when the week, the month, the quarter or the year for which it has been granted comes to an end. But that is not the practical reality, as the law assumes a re-letting (or the extension of the term) at the end of each period, unless one or other of the parties gives notice to quit.

  • Sheffield City Council v Smart; Central Sunderland Housing Company Ltd v Wilson
    • Court of Appeal (Civil Division)
    • 25 January 2002

    I can see also that at the stage of the trial of the possession proceedings, there might be the rare case where something wholly exceptional has happened since service of the notice to quit, which fundamentally alters the rights and wrongs of the proposed eviction; and the county judge might be obliged to address it in deciding whether or not to make an order for possession.

  • Kay v Lambeth City Council; Leeds City Council v Price
    • House of Lords
    • 08 March 2006

    But if the requirements of the law have been established and the right to recover possession is unqualified, the only situations in which it would be open to the court to refrain from proceeding to summary judgment and making the possession order are these: (a) if a seriously arguable point is raised that the law which enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the Human Rights Act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the High Court; (b) if the defendant wishes to challenge the decision of a public authority to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable, he should be permitted to do this provided again that the point is seriously arguable: Wandsworth London Borough Council v Winder [1985] AC 461.

  • Chapman v Honig
    • Court of Appeal
    • 01 May 1963

    act complained of, the service of the notice to quit, was on the face of it a lawful exercise of a contractual right, duly implemented in accordance with the provisions of the tenancy agreement and effective to terminate the tenant's estate and to convert the landlord's interest from a reversion to an estate in possession.

  • Harrow London Borough Council v Qazi
    • House of Lords
    • 31 July 2003

    I wish to reserve my opinion as to whether it would be open to the tenant, in a wholly exceptional case, to raise these issues in the county court where proceedings for possession were being taken following the service of a notice to quit by the housing authority, bearing in mind as Lord Millett points out that its decision to serve the notice to quit would be judicially reviewable in the High Court so long as the application was made within the relevant time limit.

  • Doran v Liverpool City Council
    • Court of Appeal (Civil Division)
    • 03 March 2009

    First, there is no formulaic or formalistic restriction of the factors which may be relied upon by the licensee in support of an argument that the council's decision to serve a notice to quit, and seek a possession order, was one which no reasonable council would have taken. Such factors are not automatically irrelevant simply because they may include the licensee's personal circumstances, such as length of time of occupation.

  • Doherty and Others v Birmingham City Council
    • House of Lords
    • 30 July 2008

    An examination of the question whether the respondent's decision was reasonable, having regard to the aim which it was pursuing and to the length of time that the appellant and his family have resided on the site, would be appropriate. In my opinion the test of reasonableness should be, as I said in para 110 of Kay, whether the decision to recover possession was one which no reasonable person would consider justifiable.

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Legislation
  • Agricultural Holdings (Notices to Quit) Act 1977
    • UK Non-devolved
    • January 01, 1977
    ... ... Notices to quit whole or part of agricultural holding ... Notices to quit whole or part of agricultural holding ... Length of notice to quit ordinarily needed to end tenancy of agricultural holding. 1 Length of notice to quit ordinarily needed to end tenancy of agricultural ... ...
  • Agriculture Act 1958
    • UK Non-devolved
    • January 01, 1958
    ... ... Amendments as to notices to quit agricultural holdings. 3 Amendments as to notices to quit agricultural ... Minister to withhold his consent to the operation of a notice ... to quit an agricultural holding unless he is satisfied as to certain ... ...
  • Housing (Scotland) Act 2014
    • Scotland
    • January 01, 2014
    ... ... notice under subsection (3) only where—(a) the tenant (or any one of joint ... Tribunal, in action for possession, to reduce period of notice to quit ” ... Annotations: Commencement Information # I109 Sch. 1 para. 20 in ... ...
  • Renting Homes (Wales) Act 2016
    • Wales
    • January 01, 2016
    ... ... not within subsection (2) or (3) can be occupation contracts if notice is given, ... (b) in Part 2, that certain tenancies and licences that are ... (c) forfeiture and notices to quit not available in relation to occupation contracts ... Permissible ... ...
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Books & Journal Articles
  • Time Limits
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 91-102
    ... ... Within 2 months of receiving the landlord’s written notice ... Agriculture (Maintenance, Repair and Insurance of Fixed Equipment) ... 1986 Act, section 12(3) ... NOTICES TO QUIT ... Length of notice ... At least 12 months expiring at the end of a ... ...
  • Index
    • Part 2. Notices, precedents and forms
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 251-266
    ... ... by forfeiture 54, 88 by surrender see Surrender following notice to quit see ... Notice to quit: 1986 Act tenancies of head tenancy, ... ...
  • Agricultural Holdings Act 1986 Tenancies
    • Part 1. Legal background, definitions and relevant law
    • Agricultural Tenancies - 3rd edition
    • Nigel Davis
    • 51-77
    ... ... 6 ... If the head tenancy terminates by notice to quit, given by either the landlord or the tenant, the sub-tenancy will ... ...
  • Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
    • No. 48-4, July 1985
    • The Modern Law Review
    ... ... end of each period of a periodic tenancy, then again all must concur.”* On this basis it has recently been held that notice to quit a periodic tenancy given by one of two joint lessees is valid3 and that notice to quit given by two out ... ...
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Law Firm Commentaries
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Forms
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