RENTING HOMES WALES ACT 2016 (RHW) Obtaining Possession

The Landlord must provide the contract holder with a Notice seeking Possession (Notice) or (NSP).

However, that Notice will be invalid (it will not be legally effective) if:
i. The Landlord has failed to give a written statement of terms to the tenant/tenants  (contract holders).

ii. Failed to give a statement of terms by 31 May 2023, then issued one, but not waited 6 months to serve the Notice seeking possession.

iii. Failed to give the contract holder the required information about the address (Landlord’s address) to send documents to.

A Notice (NSP) may not be given at any time where the contract holder has not been
provided with:

1. An Energy Performance Certificate
2. Gas Safety Certificate (annually)
3. Failed to install carbon monoxide alarms
4. Has not provided tenant with EICR (electrical installation condition report).
5. Not installed mains wired smoke alarms.
6. Breached security and deposit requirements (failed to place deposit monies from tenant into a government approved scheme, such as the DPS and/or failed to provide to the contract holder the terms and conditions of any such scheme).
7. Is not registered or licensed with Rent Smart Wales

Until the written statement is provided the Landlord is prohibited from varying any
terms in the contract.

Pembrokeshire Landlords – these are tips and not legal advice

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