The Notice to Quit must be in writing. You should clearly state the date that you intend to leave. It’s also a good idea to invite the landlord to inspect the property on the date that you move out. You should send a copy to your landlord and keep a copy for your own records. Our sample Notice to Quit can be used to end a tenancy.
If you have a tenancy agreement, your landlord cannot serve you with a Notice to Quit during the fixed term period, unless
If you are a periodic tenant and do not have a fixed term tenancy agreement, your landlord can serve Notice to Quit at any stage. Your landlord must give you the correct amount of notice, as required by law.
If you receive a Notice to Quit check that your landlord has given you the correct amount of notice. If your landlord gives you less notice than you are legally entitled to, contact your local Environmental Health Department or an advice agency such as Housing Rights Service and inform them that your landlord is trying to evict you illegally.
Once the notice period has come to an end, you are expected to leave the property. However, your landlord cannot forcibly evict you from the property as all tenants have a right to due process.
Due process refers to the steps a landlord must take before evicting a tenant. The first step is serving a Notice to Quit. If you do not leave the property by the end of this notice period, the landlord must take action in court to have you evicted. The landlord does not have to give a reason to serve a Notice to Quit on a periodic tenant. If you are still bound by a fixed term tenancy agreement, the landlord can serve a legally binding Notice to Quit if you are in arrears or have broken the terms of the agreement in some way. The landlord will be expected to prove to the court that you have breached the agreement.
If the landlord has followed due process and the Notice to Quit is legally binding, it is highly likely that a judge will make an order for possession. This means that your right to occupy the property has ended and possession reverts back to the landlord. Once an order is made by the judge, it will be referred to another court office for enforcement.
If you have not left the property after the court order is made, the Enforcement of Judgements Office will carry out an eviction. You will receive a letter from this office giving an approximate date of when the eviction will happen and asking you to vacate the property by a specific date. If you do not vacate by this date, the Enforcement of Judgements officers can forcibly remove you from the property.
If you do not leave the property after receiving a Notice to Quit, you can be held liable for rent for the rest of the time you remain in the property. You may also have to pay the landlord’s court costs which will be very expensive.
If you have nowhere to go when your notice expires, seek help from the Housing Executive or get advice.
When you give or receive Notice to Quit, you should start looking for alternative accommodation immediately. You should consider whether you wish to apply for social housing, purchase your own home, or find another privately rented home.
If your landlord has given you Notice to Quit, you may be able to present to the Housing Executive for homelessness assistance. However, if the Notice to Quit was served because you have not paid rent or have broken a clause in the tenancy agreement, the Housing Executive may regard you as intentionally homeless.
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