Landlord notice to quit has no effect: HA 1988 s. 5
A landlord's notice to quit an assured tenancy is of no effect. On fixed term expiry without court order or surrender, a statutory periodic tenancy arises.
Official text
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HA 1988 s. 5 — United Kingdom
An assured tenancy cannot be brought to an end by the landlord except by— obtaining— an order of the court for possession of the dwelling-house under section 7 or 21 and the execution of the order, obtaining an order of the court under section 6A (demotion order), ... in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power , or in the case of an assured tenancy— which is a residential tenancy agreement within the meaning of Chapter 1 of Part 3 of the Immigration Act 2014, and in relation to which the condition in section 33D(2) of that Act is met, giving a notice in accordance with that section, and, accordingly, the service by the landlord of a notice to quit is of no effect in relation to a periodic an assured tenancy. Where an order of the court for possession of the dwelling-house is obtained, the tenancy ends when the order is executed. If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of— an order of the court of the kind mentioned in subsection (1)(a) or (b) or any other order of the court , ... a surrender or other action on the part of the tenant , or the giving of a notice under section 33D of the Immigration Act 2014, then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section. The periodic tenancy referred to in subsection (2) above is one— taking effect in possession immediately on the coming to an end of the fixed term tenancy; deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy; under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy; under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy. The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy. If, on or before the date on which a tenancy is entered into or is deemed to have been granted as mentioned in subsection (3)(b) above, the person who is to be the tenant under that tenancy— enters into an obligation to do any act which (apart from this subsection) will cause the tenancy to come to an end at a time when it is an assured tenancy, or executes, signs or gives any surrender, notice to quit or other document which (apart from this subsection) has the effect of bringing the tenancy to an end at a time when it is an assured tenancy, the obligation referred to in paragraph (a) above shall not be enforceable or, as the case may be, the surrender, notice to quit or other document referred to in paragraph (b) above shall be of no effect. Nothing in subsection (5) affects any right of pre-emption— which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value. “ Dispose ” means dispose by assignment or surrender, and “ acquisition ” has a corresponding meaning. If, by virtue of any provision of this Part of this Act, Part I of Schedule 1 to this Act has effect in relation to a fixed term tenancy as if it consisted only of paragraphs 11 and 12, that Part shall have the like effect in relation to any periodic tenancy which arises by virtue of this section on the coming to an end of the fixed term tenancy. Any reference in this Part of this Act to a statutory periodic tenancy is a reference to a periodic tenancy arising by virtue of this section..
Section 5 is the security of tenure provision, and its first subsection is the one that matters most: an assured tenancy cannot be brought to an end by the landlord except by obtaining a court order for possession and executing it (or by a demotion order, or by exercising a break clause in a fixed term, or by the immigration notice route in section 33D of the Immigration Act 2014). The section then says in terms that "the service by the landlord of a notice to quit is of no effect". A letter telling the tenant the tenancy is over does not end it; nor does changing the locks. And the tenancy ends when the order is executed - not when it is made, and not on the date given in it for possession.
Subsection (2) deals with what happens when a fixed term runs out. If the fixed term comes to an end other than by a court order, a surrender or other action on the part of the tenant, the tenant is entitled to remain in possession and does so under a periodic tenancy arising by force of this section. Subsection (3) sets its terms: it starts immediately, is treated as granted by the same landlord to the same tenant, covers the same dwelling-house, has periods matching the period for which rent was last payable, and carries the same terms as the fixed term - except that any break clause stops having effect while it remains assured. This is the "statutory periodic tenancy", and it is why a tenant who stays on after a fixed term is not a trespasser.
Subsection (5) closes an obvious avenue. If, at or before the grant, the tenant signs an obligation to do something that would bring the tenancy to an end while it is assured, or signs a surrender or notice to quit dated ahead, that obligation is unenforceable and that document is of no effect. A surrender agreed later, freely, is a different thing.
When it applies
A landlord who has written to say the tenancy is terminated and expects the tenant to leave.
A fixed term that has expired with the tenant still living there and paying rent.
A landlord who changed the locks or removed belongings without going to court.
A tenant asked to sign a pre-dated surrender or notice to quit when the tenancy is granted.
Working out the exact date a tenancy ended for the purposes of rent or deposit.
What this section does not say
×It does not stop a tenant ending the tenancy. The restriction is on the landlord; a tenant's notice to quit or a genuine surrender still works.
×It does not prevent possession. It requires the landlord to obtain and execute a court order, and the grounds for one are in section 7 and Schedule 2.
×It does not protect occupiers who are not assured tenants. Lodgers, licensees and excluded occupiers are outside the Act - though the Protection from Eviction Act 1977 may still apply to them.
×It does not make every surrender ineffective. Subsection (5) is aimed at obligations and documents entered into at or before the grant of the tenancy.
×The statutory periodic tenancy is not a new tenancy on new terms. It carries the same terms, the same landlord and the same premises as the fixed term it followed.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
A fixed term ended in the spring. The tenant has stayed on and carried on paying rent, which the landlord has accepted. In the autumn the landlord writes saying the tenancy ended months ago, the tenant is a trespasser, and must be out by Friday.
How the wording applies
Subsection (1) is the answer: an assured tenancy cannot be brought to an end by the landlord except by obtaining and executing a court order, and a landlord's notice to quit is of no effect. Subsection (2) explains what the tenant has: when a fixed term ends without a court order or a surrender, a statutory periodic tenancy arises by force of the section on the same terms. The fact that decides the periods of that tenancy is the period for which rent was last payable.
How the parties settled it
Both agree the tenancy continues as a monthly periodic tenancy on the existing terms, and if the landlord wants possession they will serve a proper notice and give the tenant two months to find somewhere.
Illustrative example
A tenant comes home to find the locks changed and their belongings in bags in the hallway. The landlord says the tenant had stopped paying and so the tenancy was over.
How the wording applies
The tenancy ends when a possession order is executed - not when the landlord decides it has ended, not when an order is made, and not on the date given in an order for possession. The fact that matters is that no order exists at all here, so the tenancy is still running and the arrears are a ground to be proved rather than a self-help remedy. Section 27 deals separately with what follows from the eviction itself.
How the parties settled it
The landlord restores access the same day and returns the belongings undamaged; the tenant agrees a written schedule clearing the arrears over six months and both agree no further lock change without a court order.
Illustrative example
At the start of a tenancy the landlord asks the tenant to sign an undated notice to quit 'so we both know where we stand', to be used if things do not work out.
How the wording applies
Subsection (5) is aimed at exactly this: obligations and documents entered into at or before the grant of the tenancy, purporting to shortcut the requirement of a court order. The fact that distinguishes it from a lawful surrender later is timing and voluntariness - a genuine surrender agreed between the parties during the tenancy still works, but a document produced as a condition of being granted the tenancy is a different thing.
How the parties settled it
The pre-signed notice is destroyed in front of both parties, and they agree instead that either side will give two months' written notice if they want the arrangement to end.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 5 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.