Transitions between care placements are always sensitive moments. When a resident’s placement is no longer viable (for example due to escalating needs, behaviours that challenge, incompatibility with other residents, or the closure of the service), care providers may need to issue a Notice to Quit (NTQ). Although this is a formal legal step, receiving an NTQ can be a deeply distressing situation for the person affected and their families and, wherever possible, providers will work with the individual and their family, commissioners and local authorities to provide a smooth transition to an alternative placement.

The increase in care home evictions

Recent reporting has confirmed that there has been a sharp increase in the number of vulnerable residents being issued with NTQs and asked to leave the care homes where they reside. However, for the reasons set out above, this is most often necessary.

What is a Notice to Quit?

An NTQ is a formal notice by a landlord informing the resident that their right to reside at that particular location is going to come to an end. The notice must usually provide at least 28 days’ warning and acts as a pre-cursor to possession proceedings issued at the Court, should the resident not leave within that timeframe.

Risks of an incorrectly issued NTQ

An incorrectly issued NTQ can:

• Be deemed invalid, cause unnecessary delays and disputes, and potentially force the provider to continue in an unsafe or unworkable placement.
• Lead to regulatory scrutiny if the process appears rushed, punitive, or poorly documented.
• Create additional legal and financial risks for providers, including challenges under the Equality Act 2010.

Therefore, it is important to ensure an NTQ is validly served and that clear evidence is retained to justify the decision to end the placement, which is a last resort.

Regulatory and legal responsibilities

Providers must therefore comply with their regulatory and legal responsibility, and must be able to demonstrate that any action taken has been proportionate, well-reasoned, and taken in the resident’s best interests. Issuing a Notice to Quit is never an easy step, but when handled correctly, it can be the beginning of a safer, more suitable placement for the resident. By following the right legal processes, communicating clearly, and working collaboratively with professionals and families, care providers can minimise distress and ensure a smooth, dignified transition.

Ensuring a safe and dignified transition

A successful transition is not just about ending the current placement; it’s about preparing the resident for the next one and ensuring compliance with safeguarding and equality duties throughout.

Upcoming webinar for care providers

We will be hosting a joint webinar for care providers on Notice to Quit procedures, evictions and Equality Act considerations, delivered by our Property Litigation and Care teams for providers:

• 18th March 2026
• Hosted by: Nicole Ridgwell, Rebecca Stubbs
• Time: 10:30am to 12:00pm
• Location: Online

Register

How we can support you

If you are a care provider and need assistance with the above, please do contact our specialist Property Litigation team or Health & Social Care team. If you have any questions regarding evictions or property litigation in general, you can get in touch at online.enquiries@LA-law.com.