Renting Homes: The Final Report - Law Commission

Fundamental provisions relating only to standard contracts
Landlord’s notice
4.57 An essential feature of the present law is that a private landlord may bring an
assured shorthold tenancy to an end, merely by issuing a notice to that effect.
The ability of the landlord to do this is irrespective of any fault on the part of the
tenant. This principle is brought into the present Bill.
4.58 The landlord under a periodic standard contract may give the contract-holder
written notice that he/she must give up possession of the premises on the date
specified in the notice. The date specified must be at least two months from the
date on which the notice was given. 70 This simplifies the present law, which
requires the period of a notice also to be linked to a rental period. 71
4.59 The contract ends:
(1) where the contract-holder gives up possession of the premises on or
before the date in the notice, on the date specified in the notice; 72
(2) where the contract-holder gives up possession of the premises after that
date, but in connection with the notice, on the day the contract-holder
gives up possession of the premises;
(3) where the landlord obtains a court order for possession, on the date
determined by clause 154 as the date on which the contract ends. 73
4.60 If the landlord’s notice is withdrawn before the contract ends, and the contractholder
does not object in writing before the end of a reasonable period, the notice
ceases to have effect. 74
SPECIAL RULES RELATING TO FIXED TERM CONTRACTS
4.61 In relation to fixed term standard contracts, two different landlord’s notice grounds
are available:
(1) The landlord may serve a notice before or on the last day of the fixed
term requiring the contract-holder to give up possession of the premises
on a date specified in the notice. 75
(2) The contract may contain a “landlord’s break clause” allowing the
landlord to serve a notice requiring the contract-holder to give up
possession on a specified date before the end of the fixed term. 76
70 Cl 173 and 174.
71 Housing Act 1988, s 21.
72 Cl 179(1).
73 Cl 179(2). Cl 154 is discussed above, at para 4.56.
74 Cl 179(3).
75 Cl 180.
76 Cl 182.
76