Notice to Quit and Periodic Licences HA 1988 s. 32
HA 1988 s. 32 amends the 1977 Act so periodic licence notices to quit must be written, contain prescribed info, and give at least 4 weeks notice.
In section 5 of the 1977 Act (validity of notices to quit) at the beginning of subsection (1) there shall be inserted the words “Subject to subsection (1B) below”. After subsection (1) of that section there shall be inserted the following subsections— Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless— it is in writing and contains such information as may be prescribed, and it is given not less than 4 weeks before the date on which it is to take effect. Nothing in subsection (1) or subsection (1A) above applies to— premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or premises occupied under an excluded licence.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section amends section 5 of the Protection from Eviction Act 1977 regarding notices to end a periodic licence to occupy premises as a dwelling. It establishes formal statutory requirements for both licensors and licensees when issuing a notice to determine such an arrangement.
To be valid, any notice determining a periodic licence must be in writing, contain prescribed information, and be given not less than 4 weeks before the date it takes effect. This applies whether the licence was created before or after the Housing Act 1988 came into force.
These formal notice rules do not apply to excluded tenancies entered into on or after the Housing Act 1988 came into force (unless under a prior contract) or to premises occupied under an excluded licence.
When it applies
- A property owner serves written notice to end a non-excluded periodic licence to occupy a dwelling.
- A licensee gives 4 weeks written notice to a licensor to terminate a periodic licence.
- A landlord attempts to terminate a periodic licence using an informal verbal notice.
- A licensee challenges a notice to quit that gives less than 4 weeks of advance notice.
What this section does not say
- Terminating excluded licences or excluded tenancies, which are governed under section 31.
- Claims for damages following unlawful eviction, which are governed by section 27.
- Criminal offences relating to harassment and unlawful eviction under section 29.
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This page reproduces the text of HA 1988 s. 32 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.