Our helpline has experienced an increase in calls from tenants who have received notice to quit by text or email.
They want to know if this is a valid way to end a tenancy or if they should have received a letter.
The law on notice to quit
‘Notice to quit’ is the amount of notice a landlord or tenant must give before ending a tenancy. From 5 May 2022, Article 14 of the Private Tenancies Order 2006 says that:
Landlords must give:
- 4 weeks’ notice to end tenancies lasting less than a year
- 8 weeks’ notice to end tenancies lasting between 1 and 10 years
- 12 weeks’ notice to end tenancies lasting more than 10 years
Tenants must give:
- 4 weeks’ notice if they’ve rented the property for up to 10 years
- 12 weeks’ notice if they’ve rented the property for more than 10 years
The law also says notice to quit is only valid if it is given in writing.
Giving notice to quit electronically
The legislation does not define what “in writing” means or confirm whether an email or text meets this requirement.
However, electronic communication is now part of everyday life. The courts encourage parties to serve documents electronically.
At the moment, no reported case specifically confirms that serving an electronic notice to quit is valid. Despite this, we can look at the judgments for other cases where documents have been served electronically for guidance.
For example, in the employment tribunal case Wang v University of Keele, when deciding if a letter attached to an email had been served properly, the judge said:
“I include within the concept of written notice modern methods of communication such as SMS text message, internet-based so-called instant messaging and email.”
Judgements like these confirm that notice to quit sent by email or text are likely to be valid.
Proof of receipt
When giving Notice to Quit, some people use a recorded delivery service or ask an independent person to witness it being delivered. This will prove that the notice has been received.
If a landlord or tenant decides to give notice by email or text, they should try to ensure that they have proof that the notice has been:
- received and
- read
You could ask the person to confirm receipt or set up your email account so that you receive a notification once it has been read.
Check your tenancy agreement
Before giving notice to quit, it's important to check the tenancy agreement. It may state that notice to quit must be given in a specific way, such as a letter sent by recorded delivery. In this case, a notice sent electronically will not be valid.
Contact Us
If you are a tenant and need more information or advice about giving or receiving notice to quit, please contact Housing Rights
If you are a landlord and want to know more about notice to quit, please contact Landlord Advice
