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Notice Periods for Possession Notices (Wales)

June 2021

The use of the current 6-month minimum notice period for serving (most) possession notices in Wales is being extended until the 30 September 2021.

The notice periods have been lengthened temporarily during the current pandemic to protect residential tenants. This temporary period was due to expire on the 30 June 2021. It has now been extended to the 30 September 2021.

If you are a landlord in Wales, you will need to give 6 months’ notice to serve a section 21 notice until the 30 September 2021.

When serving a section 8 notice, many of the grounds set out in Schedule 2 of the Housing Act 1988 currently require a 6-month notice period to be given (due to the temporary extension) and this will continue to apply until the 30 September 2021.

Shorter periods are permitted for certain Section 8 claims where the grounds relate to the tenant’s anti-social behaviour (nuisance, annoyance or criminal activity) and domestic violence.

The minimum notice periods for serving possession notices are being dealt with differently in England where the notice periods have recently been reduced but are still longer than they were pre-pandemic. It is important that you familiarise yourself with the current requirements so that your possession notice is validly served.

The Guidance on Section 8 and Section 21 Notices, Section 21 Notice Seeking Possession (Wales) and Section 21 Notice to Terminate an Assured Shorthold Tenancy (Wales) are being amended, and these will be available once the changes come into force on the 30 June 2021.

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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