The Renting Homes (Wales) Act 2016 has given rise to many changes in relation to the way in which properties are rented. Some of the most significant changes are in relation to the way in which a Landlord can regain possession of their property.
There is no longer, in Wales, such a thing as a Section 8 or Section 21 Notice (since 1 December 2022) and new Notices have been created which are required to be served. It is essential that the appropriate Notice is chosen, that compliance with various regulations is in place prior to the service of any such Notice and that service is carried out in accordance with the legislation.
If the wrong Notice is utilised, or some regulation which the Landlord ought to have complied with has not been complied with, or if service is not effected appropriately, then the Notice will be invalid and cannot be relied upon to obtain possession of the property.
This is the case when dealing with either a “no cause” Notice or a Notice based on breach of contract by the Contract Holder. Given that the “Section 173 Notice” requires a Landlord to give at least 6 months’ notice to the Contract Holder, it is essential that Landlords take steps to ensure that the Notice is valid because, if it is not valid, then the Landlord will not be able to obtain possession at the end of that 6 month period and will, effectively, have to start the process again.
In the circumstances, it is always advisable to obtain advice and assistance from a Solicitor in respect of the service of Possession Notices. If you would like to arrange an appointment to discuss your potential needs, please telephone our offices on 02920 470909 and ask for Janine Griffiths. Alternatively, please complete the enquiry form below and one of our team will contact you.