The Future of Notice to Quit Periods!
When ending a private rented tenancy in Northern Ireland, a landlord or the tenant must issue a “notice to quit”. A notice to quit is a formal notification that either the tenant or the landlord wishes to end the tenancy. The length of time provided by a notice to quit will depend on the time spent in the property, and it must be delivered in writing. Writing can take the form of a letter, an email, a text message or a WhatsApp message. Currently, landlords must issue a written notice to quit of either 4 weeks, 8 weeks or 12 weeks, depending on how long their tenants have lived in the property. If a notice to quit is not in writing or provides the incorrect amount of notice, it is invalid, and a landlord cannot enforce it against a tenant until a new notice is issued.
Providing a Notice to Quit in Northern Ireland is changing under the Private Tenancies Act 2022, which establishes new, longer notice-to-quit periods that a landlord must give to a tenant. Earlier this year, the Department for Communities launched a consultation on new notice-to-quit exceptions to be implemented under the Private Tenancies Act 2022.
The future increased notice to quit periods are as follows:
- 8 weeks, if the tenancy has not been in existence for more than 12 months.
- 4 months, if the tenancy has been in existence for more than 12 months but not for more than 3 years;
- 6 months, if the tenancy has been in existence for more than 3 years but not for more than 8 years
- 7 months, if the tenancy has been in existence for more than 8 years.
Renters’ Voice has welcomed the proposed notice-to-quit periods, as we have previously engaged with the Department during the development of the then-new Private Tenancies Act 2022 to expand protections for renters. While the future notice to quit periods will significantly increase the notice period private renters are entitled to, the Department has also included “exceptions”, specific circumstances when a landlord can provide a much shorter notice period instead. The Department’s consultation proposes 4 exceptions to the new standard notice-to-quit periods, to be known in the legislation as “special case” notice-to-quit periods. The Department's proposed exceptions may be issued due to
- Substantial arrears of rent (1 months’ notice)
- Engaging in Serious antisocial behaviour (2 weeks’ notice)
- Conviction of a relevant criminal offence (2 weeks’ notice)
- A landlord is seeking possession of the property to occupy it or to allow their immediate family to occupy it (3 months’ notice).
Renters’ Voice’s position
Future notice to quit periods should provide tenants with great security, but Renters’ Voice believes that a shorter notice period is only appropriate when it can be thoroughly evidenced that the tenant has been convicted of or engaged in serious anti-social or criminal behaviour that has a direct impact either on the property or on other people living in the area. Regarding the other exceptions, Renters’ Voice does not believe “substantial” arrears are sufficient grounds for an exception, and even in circumstances of serious anti-social or criminal behaviour, we believe that exceptions should only be applied where tenants can challenge the reduced notice period via an impartial tribunal or adjudication process and have enough time to access both the evidence held against them and in their defence. For landlords seeking repossession of a home to occupy for themselves or their family, we believe a reduced notice to quit would only be acceptable if a landlord can demonstrate that they are at risk of homelessness, and this can be demonstrated to either the tenant or an impartial adjudication process.
The Department’s proposals indicate that the courts would constitute such a tribunal process, but Renters’ Voice considers this inadequate due to a number of access barriers, including affordability, that could prevent tenants from availing of this option within the limited time frame provided by the proposed new notice to quit. Renters’ Voice believes that the shorter proposed time frames would discourage tenants from challenging notices in court. In the Renters’ Voice consultation response, we have recommended introducing a system similar to the Scottish First Tier Tribunal, which is free to access and serves as a recourse-to-justice service for resolving tenant-landlord disputes outside the court system.
In Renters’ Voice official response to the Department’s consultation, we have outlined our concerns with each exception, the level of evidence we believe should be required to support each exception and finally, we have proposed alternative exception notice periods to provide renters more time to challenge any special case notice and fit more in line with legislation in England and Scotland. The Renters’ Voice official response can be found with this article.
Conclusion
While Renters’ Voice welcomes the new notice-to-quit periods to be introduced by the Private Tenancies Act 2022, we remain sceptical about the implementation of any exception, especially without any form of tribunal process that would allow tenants to challenge accusations of serious antisocial behaviour against them or review the evidence a landlord possesses regarding their behaviour. While we recognise that there are circumstances in which exceptions can protect other tenants, we strongly feel that any exception should never be used by the landlord as an excuse to thwart new, longer-notice-to-quit expectations.
As a tenant advocacy group, Renters’ Voice wants to increase tenancy protections for renters in Northern Ireland, including an end to no-fault evictions and the introduction of indefinite tenancies, as in Scotland & now England, where private tenancies can only be ended in certain circumstances. While new notice-to-quit periods will provide tenants with more time to locate & secure new accommodation, they will not provide the same level of security of tenure that renters in England now enjoy under the Renters’ Rights Act. Both now and in the future, landlords in NI can end a tenancy (without an active contract) at any time, for any reason. This means that landlords can still end a tenancy over personal or repair disputes, leaving tenants at a disadvantage despite no fault of their own. In 2024, Renters’ Voice’s “No Fault” evictions survey found that 38% of respondents had experienced a no-fault eviction, and of these renters, half (50%) reported that it had happened to them more than once. 62% of respondents said they had delayed reporting a repair to their landlord or letting agent, for fear of being evicted as a result. For 52% of the survey respondents, the fear of eviction was so strong that they decided not to report the repair at all. Nevertheless, while no-fault evictions remain possible, Renters’ Voice supports the introduction of the new, increased notice periods under the Private Tenancies Act (NI) 2022. We hope the Department considers our objections to the exceptions, and we will continue to advocate for ending no-fault evictions.
If you have been provided an incorrect notice to quit or are unsure whether the one you have received is valid, please contact Housing Rights advice services on our helpline or via email.
