Possession Of Property for Tenants

Hi tenants, welcome to the second installment of our 10-part series that will be covering the new changes upcoming because of the Renting Homes (Wales) Act 2016.

Today we'll be covering landlord's regaining possession of a property and how the process will be changing from 15th July 2022. Landlords will be using a Landlord's Notice if they would like you to leave the property.

Yes landlords will still be able to issue a notice which will be known as a ‘Landlord’s Notice’ but it can only end a contract if it is periodic not a fixed-term contract.

From 15th July 2022 any new contracts made will require landlords to give a minimum of 6 months notice period and this can only be served after 6 months of occupation. However, any previously made contracts before 15th July 2022 and ones that have been converted after the 15th July 2022 will still follow the original notice period of 2 months.

In the case you do not pay rent the landlord can issue you a possession notice (which will have a one month notice period) but If you have not pay rent for two months or more (serious rent arrears) then the landlord can serve a notice which will have a 14-day notice period.

As a contract-holder you can challenge a possession claim if you feel it has been made unfairly.

Under the new law occupation contracts will now include the anti-social behaviour term which if breached will allow the landlord to serve a possession notice and commence with court proceedings on the same day.

As a contract-holder you can challenge a possession claim if you feel it has been made unfairly.

This will remain at one month. You cannot end a fixed term occupation contract unless a break clause has been included in the contract.

A fixed-term contract may contain a term enabling a contract-holder to end the contract before the end of the fixed terms by giving the landlord notice that they will give up property possession on the date specified in the notice.

The limitation of a break clause is that the fixed-term must be for two years or more, the minimum notice period is six months and you cannot give the notice during the first 18 months.