Evictions – What to do if nobody is at fault

Contrary to what the papers and media would have us believe, not all Landlords are “slum landlords” and not all Tenants are “nightmare tenants”.

Here at Martyn Prowel Gartsides, we often meet Landlords who are not only diligent in compliance with the laws in relation to the property they rent out, but go further than legislation requires in order to ensure the comfort and safety of their Tenants (now “Contract Holders” in Wales).

Likewise, we very often meet with Tenants who consistently ensure that their rent payments are made on time and are conscientious in relation to the care they take of the Landlord’s property.

Unfortunately, however, there are occasions when, through no fault of either party, the Landlord needs the property back.  This can be for all manner of reasons, for example financial restraints and mortgage obligations, the current cost of living crisis we all find ourselves in or even a relationship breakdown where the property is needed for the Landlord to live in themselves.  For whatever reason the property is needed, the Landlord has a right to regain possession of their property and the Tenant has a right to receive fair and reasonable notice.

If you are a Landlord or a Tenant/Contract Holder in Wales you will no doubt be aware of the significant changes to the law which have been implemented by the Renting Homes (Wales) Act 2016.  If you are not aware of the changes then you should probably make contact with us… Quickly!

Under the new legislation, in order for a Landlord to regain possession of their property in Wales,  when the Contract Holder has complied with their obligations under the Occupation Contract, they will need to have complied with the Renting Homes (Wales) Act 2016 and the Rent Smart Wales obligations placed upon them and then to serve a Notice under Section 173 of the Renting Homes (Wales) Act 2016 which will give the Contract Holder  six months’ notice of their intention to regain possession of the property.

However, before such a Notice can be served, the Landlord will not only need to ensure that they have complied with, but be able to prove that they have complied with, various rules under the Renting Homes (Wales) Act 2016.  These include, but are not limited to, the following:-

1. A Written Statement (Occupation Contract) must have been served upon the Contract Holder;
2. If that Written Statement was provided late, then Notice cannot be served for six months after the date on which the Statement was served;
3. The Contract Holders must have lived at the property for more than six months before the Notice can be served;
4. The Landlord must have undertaken Registration and Licensing with Rent Smart Wales (or instructed a Licensed Agent to act in the management of the property);
5. If the property is a House of Multiple Occupation then any appropriate licensing must have been obtained;
6. As from 30 November 2023, mains connected and interlinked smoke alarms must be present, and working, on every floor within the property;
7. Carbon monoxide alarms must be installed, and working, in every room containing a fuel burning source;
8. By 30 November 2023 a valid Electrical Installation Condition Report must have been obtained for the property, and served on the Contract Holder;
9. There must be a current and valid Gas Safety Certificate for the property.

As above, this list is not exhaustive but, as you will see, there are a number of matters to be addressed by a Landlord before a valid Notice can be served upon a Contract Holder. And the Courts are very strict and diligent in checking that those matters have been addressed.   Put simply, if the requirements above have not been adhered to before the Notice is served, and you subsequently issue Court Proceedings for Possession against the Contract Holder (if they do not move out of your property at the end of the Notice period), the Court will not provide you with an Order for Possession unless and until you have been able to prove compliance with the legislation at the time the Notice was served.

In the circumstances, it is no good to serve a Notice upon the Tenant and then install smoke alarms and carbon monoxide alarms at the property as you will not be able to prove that they were in place at the time the Notice was served.  Essentially, then, the Court will dismiss your case and you will be back to square one.

It is, in the circumstances, always advisable to seek legal advice in relation to the service of Notices upon Tenants and Martyn Prowel Gartsides Solicitors will obtain instructions from you, review the Occupation Contract, carry out appropriate checks in relation to compliance with the Tenancy Deposit Scheme and Rent Smart Wales regulations, check the validity of the Contract and take steps to ensure that, before any Notice is served, it will be valid.

If you are a Landlord of a property in Wales, wishing to serve your Contract Holder with a Notice of Possession and you wish to obtain legal advice and assistance in relation to the same, then please contact our Janine Griffiths via [email protected] or telephone 02920470909.