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Possession Claims and Termination - Renting Homes Wales

May 2022

Fundamental changes are being made to the way private landlords in Wales can obtain possession, under the Renting Homes (Wales) Act 2016 (‘the Act’).

When the Act comes into force (01 December 2022, having been postponed from 15 July 2022), a landlord or letting agent (acting on behalf of the landlord) in Wales will no longer be able to serve a possession notice using section 21 or section 8, under the Housing Act 1988, in respect of an occupation contract. There will still be an ability to evict on a ‘no-fault’ basis, but only where the contract is periodic.

A new guidance note has been added to Guidance on Terminating Standard Occupation Contracts, which explains how occupation contracts can be terminated and the new grounds for possession.

There are different rules depending on whether the contract is periodic or granted for a fixed term, or whether the contract is a new contract or a converted contract. Further legislation is expected before the implementation date of the Act, in particular, regarding termination and converted contracts. This guidance will be reviewed and updated (if necessary), in line with any supplementary legislation.

Further documents and templates will be added to the Renting Homes Wales group before the Act comes into force.

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.

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