NOTICE TO QUIT
Note – A notice to quit cannot be served on a tenant holding an assured shorthold tenancy. A notice to quit is usually served on non-housing Act tenancy, licence or a common law tenancy. If in doubt seek advice from our consultants.
Is a legal written document a request from a landlord to his tenant(s) to quit the premises leased, and to give possession of the leased property back to the landlord, at a time therein mentioned.
A notice to Quit should contain – demand of possession should contain a request from the landlord to the tenant or person in possession to (not including trespassers) quit the premises which he holds from the landlord, (which premises ought to be particularly described, as being situate in the street a city or place, or township and county,).
A date at which to deliver them to him on or before a day certain, generally, when the lease is for a year, the same day of the year on which the lease commences. But where there is some doubt as to the time when the lease is to expire, it is proper to add, ” or at the expiration of the current year of your tenancy.” It should be dated, signed by the landlord himself, or by some person in his name, who has been authorized him, and directed to the tenant.
The notice must include all the premises under the same demise; for the landlord cannot determine the tenancy as to part of the premises demised and continue it as to the residue.
To avoid contention, the notice should be in writing, except when required to be so under an express agreement between the parties. But it is the general and safest practice to give written notices, and it is a precaution which should always, when possible, be observed, as it prevents mistakes, and renders the evidence certain and correct.
Care should be taken that the words of a notice be clear and decisive, without ambiguity, or giving an alternative to the tenant, for if it be really ambiguous or optional, it will be invalid.
As to the person by whom the notice is to be given. It must be given by the person interested in the premises, or his agent properly appointed. As the tenant is to act upon the notice at the time it is given to him. Where, there are several persons are jointly interested in the premises, they all must be named in the notice, and if any of them be not a party at the time no subsequent ratification by him will be sufficient by relation to render the notice valid.
As to the person to whom the notice should be given. When the relation of landlord and tenant subsists, difficulties can seldom occur as to the party upon whom the notice should be served. It should invariably be given to the tenant, of the party serving the notice, notwithstanding a part may have been underlet, or the whole of the premises may have been assigned. If it has been sublet, you will require legal advice.
When the premises are in possession of two or more as joint-tenants or tenants in common, the notice should be to all; a notice addressed to all, and served upon one only, will, however, be a good notice.
- By 1st class post
- By hand – The person serving the notice should make two copies of it, both signed by the proper person, then procure one respectable person as a witness, to whom you should show the copies, who, upon comparing them, and finding them alike, are to go with the person who is to serve the notice. The person serving the notice then in their presence, should deliver one of these copies to the tenant personally, or to one of his family, at his usual place of abode. The witnesses should then, for the sake of contention, sign their names on the back of the copy of the notice retained, or otherwise mark it so as to identify it, and they should also state the manner in which the notice was served.