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Section 8 Notice Seeking Possession (Wales)

PROP.RES.136

This Section 8 Notice Seeking Possession (Wales) is in the prescribed form as set out in The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997. It advises the tenant of a property situated in Wales that the landlord intends to take court proceedings to terminate the tenancy. The notice tells the tenant the grounds on which the landlord wishes to terminate the tenancy. It can be used in respect of an assured tenancy or an assured shorthold tenancy. A different form should be used for properties in England – see the England version of this notice also available in this subfolder.

The notice periods (which were extended during the Covid-19 pandemic) revert to pre-pandemic lengths for notices served from 25 March 2022.

If the tenancy is an assured shorthold tenancy which is nearing or has gone beyond the end of its fixed term, the landlord can use the “accelerated” repossession procedure under section 21 of the Housing Act 1988. Refer instead to the Section 21 Notice (Wales).If the “accelerated” procedure is not available, the landlord must serve this notice as the first step along the road to recovering possession. Landlords cannot evict tenants without a court order. An application for a court order cannot be made unless the landlord has first served a Section 8 Notice on the tenant (although the court can dispense with this requirement in certain cases).

The law and procedure in this area are complex and reference should be made to the Guidance on Section 8 and Section 21 Notices before this template is used. Note that the Renting Homes (Wales) Act 2016, which will come into force on 15 July 2022, will substantially change how the private rented sector will operate in Wales and there will be different procedures for evicting contract-holders from a dwelling. Relevant templates and guidance will be available in due course.

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