Transitional Provisions for Existing Possession Proceedings Wales

The Renting Homes (Wales) Act 2016 (‘the Act’) will be coming into force on 01 December 2022. 

Fitness for Human Habitation

Minor amendments have been made to the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022. Our guidance on these Regulations has been updated accordingly.

Eviction notices served prior to commencement of the Act 

Legislation has been published in draft to clarify the procedures where eviction notices have been served on existing tenancies (which convert to occupation contracts on 01 December 2022). The guidance on the Act has been updated to include these draft provisions. Please note they may be subject to change (although change is not expected). 

If a section 21 notice, or a section 8 notice, has been served prior to 01 December 2022, the eviction procedure will follow the current rules for an assured shorthold tenancy. 

If you’ve served a section 21 notice, you must commence proceedings before the expiry of two months from 01 December 2022. 

If you’ve served a section 8 notice, you must commence proceedings before the expiry of six months from 01 December 2022.  

Service of eviction notices after commencement of the Act

A recap of the procedures for terminating tenancies after 01 December is given below.

Existing Periodic Tenancy

Under the current legislation, for an existing periodic tenancy which began before 01 December 2022 (and converts to a periodic standard occupation contract), landlords will only be required to give 2 months’ notice under s173 of the Act, but such a notice must not be served within the first 4 months of the contract-holder’s occupation.

Please note that the Welsh Government has consulted on whether the notice period should be increased from 2 months to 6 months for existing periodic tenancies which convert to periodic standard occupation contracts. It is proposed that this increase would take effect 6 months after commencement of the Act. The reason for the proposed change is to ensure that more contract-holders have improved security of tenure. The consultation has now closed and we will issue further updates when the outcome is known.

Existing Fixed Term Tenancy

For an existing fixed term tenancy which began before 01 December 2022, landlords will be able to serve a possession notice to end the contract at the end of the term. Landlords will only be required to give 2 months’ notice. For the avoidance of doubt, if a fixed term tenancy becomes periodic after 01 December 2022, six months’ notice will be required to serve a s173 notice.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.