Notice to Quit vs Notice Seeking Possession: What’s the Difference?

Two notices, two very different legal functions — and getting them confused can be a costly mistake.

If you are a landlord looking to recover your property, or a tenant who has just received a formal notice, you may have come across two terms that sound deceptively similar: Notice to Quit and Notice Seeking Possession.

Despite the overlap in language, these are fundamentally different legal documents. They apply to different types of tenancy, serve different purposes, and carry different consequences. Using the wrong one — or misunderstanding the one you have received — can lead to delays, invalid proceedings, or a failed possession claim.

What Is a Notice to Quit?

A Notice to Quit (NTQ) is a formal written notice that terminates a tenancy. It brings the tenancy itself to an end once the notice period expires, provided the requirements are met.

Unlike many other housing notices, a Notice to Quit can be served by either the landlord or the tenant. It is most commonly used in relation to periodic tenancies — those that roll on week-to-week or month-to-month after any fixed term has ended, or that were periodic from the outset.

Importantly, NTQs are often used when there is a tenancy agreement, but the occupier does not have exclusive possession — for example, in certain non-assured tenancies, licences, or other arrangements that fall outside the statutory protection of the Housing Act 1988. In these cases, the occupier may still occupy under a written agreement, but their rights are more limited than an assured shorthold tenant.

When Is a Notice to Quit Used?

• A tenant wanting to end a periodic tenancy and leave the property.
• A landlord ending a tenancy where the tenant does not have statutory security of tenure, such as certain excluded tenancies, licences, or non-assured tenancies.

Key Rules

• The notice must be in writing.
• It must give at least four weeks’ notice for weekly tenancies, or one full rental period for monthly or longer tenancies, with a minimum of 28 days.
• It must expire on the correct date, typically the last day of a period of the tenancy.
• There is no prescribed statutory form, but the notice must contain certain information under the Protection from Eviction Act 1977 to be valid.

Key Point: A Notice to Quit ends the tenancy once the notice period expires. However, if the occupier does not leave voluntarily, the landlord must still obtain a court possession order to recover physical possession. A landlord cannot simply change the locks.

What Is a Notice Seeking Possession?

A Notice Seeking Possession (NSP) is a statutory notice served by a landlord as the required first step before applying to the court for a possession order. It does not, by itself, end the tenancy — it is a formal warning that the landlord intends to seek possession through legal proceedings.

The two most common forms used in England are:

• Section 8 Notice (Housing Act 1988) — served on tenants with an assured tenancy or assured shorthold tenancy (AST), citing specific legal grounds for possession, such as rent arrears, breach of tenancy terms, or antisocial behaviour.
• Section 21 Notice (Housing Act 1988) — the so-called “no-fault” notice for ASTs, which does not require the landlord to prove any ground but must comply with statutory pre-conditions. (Note: Section 21 is set to be abolished under the Renters’ Reform Bill.)

When Is a Notice Seeking Possession Used?

• The landlord wants to recover the property due to rent arrears (e.g., Grounds 8, 10, or 11).
• The landlord needs the property back for personal occupation (Ground 1).
• The tenant has breached the terms of the tenancy agreement (Ground 12).
• The landlord is using the no-fault route to end an AST (Section 21).

Key Rules

• The notice must be on the correct prescribed form — Form 3 for a Section 8 notice; Form 6A for a Section 21 notice.
• The notice period varies depending on the ground: as little as 2 weeks for serious rent arrears (Ground 8), up to 2 months for other grounds.
• The landlord must meet various pre-conditions before the notice is valid — including deposit protection (if applicable), a valid gas safety certificate, an Energy Performance Certificate (EPC), and (for Section 21) provision of the “How to Rent” guide.
• After the notice period expires, the landlord must apply to the court for a possession order. Only a court order, enforced by county court bailiffs, can lawfully remove the tenant.

Key Point: A Notice Seeking Possession is not an eviction. It is the opening step in a legal process. The tenancy continues until the court makes an order — and even then, the tenant has the right to a hearing and may be able to defend the claim or request a stay.

Side-by-Side Comparison

Can Both Notices Be Required?

In some circumstances, yes — but this is context-specific and not the default position for most assured shorthold tenancies.

Where an assured tenancy has become statutory periodic — meaning the fixed term has expired and the tenancy continues on a rolling basis — a landlord relying on certain grounds may, in some cases, need to serve both a Notice Seeking Possession under Section 8 and a Notice to Quit to end the periodic tenancy at common law, depending on the factual and statutory framework.

In practice, however, for the vast majority of assured shorthold tenancies, the Notice Seeking Possession (Section 8 or Section 21) is the critical document, and the court process that follows is what ultimately determines whether the landlord recovers the property.

Practical Advice

For Landlords

• Identify your tenancy type first. The notice you need depends entirely on the kind of agreement in place. An assured shorthold tenancy requires a different approach to a non-assured periodic tenancy or licence-type arrangement where the occupier does not have exclusive possession.
• Use the correct form and notice period. Procedural errors — such as the wrong form, wrong date, or wrong notice period — are the single most common reason possession claims fail in court.
• Check your pre-conditions. Before serving a Section 21 notice, ensure the deposit is protected, prescribed information has been served, and all required documents (gas safety certificate, EPC, How to Rent guide) have been provided.
• Take legal advice early. The cost of professional guidance upfront is almost always less than the cost of a failed or delayed possession claim.

For Tenants

• Read the notice carefully. Check: Is it the right type? Is it on the correct prescribed form? Is the notice period correct? Has the landlord met all pre-conditions?
• You do not have to leave immediately. A Notice Seeking Possession is not an eviction. Only a court order, enforced by county court bailiffs, can lawfully require you to leave.
• Do not ignore it. While you have rights, failing to respond or engage can lead to a possession order being made in your absence.
• Seek advice early. Organisations such as Citizens Advice, Shelter, and your local council’s housing team can help you understand your options — often at no cost.

The Bottom Line

A Notice to Quit and a Notice Seeking Possession may both arrive in an envelope and tell you something about your tenancy — but that is where the similarity ends.

One terminates the tenancy (NTQ), often used where the occupier operates under a tenancy agreement but does not have exclusive possession, such as in certain non-assured or licence-type arrangements. The other begins a legal process (NSP), typically used for assured and assured shorthold tenancies.

One can be served by either landlord or tenant; the other is a landlord’s tool only. One is rooted mainly in common law; the other is wholly statutory.

Whether you are a landlord planning your next steps or a tenant trying to understand a notice you have just received, the most important thing you can do is identify which notice applies to your situation — and act accordingly.

This article provides general information about the law in England and Wales as of February 2026. It is not a substitute for professional legal advice. Tenancy and housing law is subject to ongoing legislative change — including the Renters’ Reform Bill — and you should always check the latest position and seek specialist guidance where needed.